CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The New Zealand CAA issued AD DCA/FU24/164, affecting Fletcher FU24 model aircraft, in 1977. New Zealand is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to specify that a modification is terminating action for the on going inspection requirements of this AD. The amended AD, AD/FU24/53 Amendment 2, will become effective on 11 May 2006. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to provide a comprehensive legal framework for civil aviation in Australia, was introduced to address the need for stringent regulations ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to establish regulations, including the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives are pivotal in maintaining the continuing airworthiness of aircraft, as per international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, mandate that ADs are legislative instruments subject to disallowance, highlighting their regulatory significance. CASA, as Australia's national airworthiness authority, is obligated to issue Australian ADs in response to those from the State of Design, thereby fulfilling Australia's international obligations and ensuring the safety of aircraft registered within the country. This legislative framework underscores the policy objective of maintaining high safety standards in civil aviation, aligned with global practices and conventions.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. This Act applies to all entities and individuals involved in civil aviation, including aircraft operators, manufacturers, and maintenance providers, ensuring adherence to safety standards and the continuing airworthiness of aircraft. The scope extends nationally, aligning with Australia's obligations under the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products as stipulated in regulation 39.001. These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must comply with the requirements of the Legislative Instruments Act 2003. In practice, CASA reviews ADs issued by the State of Design, such as New Zealand for the Fletcher FU24 model aircraft, and, when necessary, issues equivalent Australian ADs to mandate compliance. The process does not require public consultation or a Regulatory Impact Statement as it is driven by international obligations and specific industry requests.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design, which is the country where the aircraft type was designed, has the responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry is responsible for implementing the requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must assess the information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements.
The obligations imposed by these provisions include a requirement for CASA to review and assess information from the State of Design, and to issue an AD if necessary to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, and must implement any ADs issued by CASA. Failure to comply with an AD can result in the aircraft being deemed unairworthy, and can lead to enforcement action by CASA.
There are potential civil and criminal consequences for breach of the ADs. Civil Aviation Order 20.193 specifies that failure to comply with an AD can result in the aircraft being deemed unairworthy, and can lead to enforcement action by CASA, including the imposition of fines and the grounding of the aircraft. In serious cases, there can be criminal penalties, including imprisonment for up to two years for individuals, and fines of up to $210,000 for corporations. It is important for all parties involved to comply with the ADs to ensure the safety of air navigation.