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/FU24/176C, affecting Pacific Aerospace FU24 aircraft, in September 2007. 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 extend the compliance interval from 100 to 110 hours time-in-service so that AD compliance can be aligned with routine maintenance. The amended AD, AD/FU24/64 Amendment 1, will become effective on 2 July 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, particularly focusing on the safety of air navigation. One of the mechanisms through which the Act achieves its objective is through the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) issues these ADs to mandate safety requirements for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft within Australia. This legislative framework aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having the primary responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, adopt these international ADs to ensure compliance with both national and international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products to ensure safety in air navigation. These directives, which are legislative instruments as per the Legislative Instruments Act 2003, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the aircraft's State of Design, with CASA then assessing and, if necessary, modifying these directives to suit Australian regulatory requirements and operational contexts. The ADs apply to aircraft registered in Australia and are integral to ensuring that these aircraft meet international safety standards, with specific ADs being amended to align with routine maintenance schedules or other practical considerations, as exemplified by the amendment to AD/FU24/64 affecting Pacific Aerospace FU24 aircraft. This process ensures that Australian-registered aircraft continue to meet the safety standards required by international conventions and Australian regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products (reg. 39.001(5)). These ADs serve as legislative instruments, given their disallowable nature under section 46A of the Acts Interpretation Act 1901, and must be aligned with Annex 8 to the Convention on International Civil Aviation (Annex 8). This regulatory framework ensures that the State of Design, in this case New Zealand, retains responsibility for the continuing airworthiness of the Pacific Aerospace FU24 aircraft, while CASA, as Australia’s national airworthiness authority, must issue corresponding ADs to mandate the requirements of the State of Design for aircraft registered in Australia.
Under this Act, the State of Design is mandated to provide necessary information to ensure the continuing airworthiness of an aircraft type, and CASA must rigorously assess and implement this information. In response to AD DCA/FU24/176C issued by New Zealand in September 2007, CASA has amended the equivalent Australian AD to extend the compliance interval for the FU24 aircraft from 100 to 110 hours time-in-service, effective from 2 July 2009. This amendment aims to align compliance with routine maintenance schedules. Such amendments are issued without public consultation, as they are driven by international obligations and directly address requirements set forth by the State of Design.
The ADs imposed by CASA are binding on aircraft operators and other entities governed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Operators must ensure their aircraft comply with the ADs, which include specific instructions, maintenance schedules, and operational requirements designed to maintain airworthiness. Failure to comply with these ADs can result in serious safety risks, as the regulations are designed to ensure the safe operation of aircraft in Australian airspace.
Breach of the requirements stipulated in these ADs can result in significant legal consequences. Under section 34 of the Civil Aviation Act 1988, non-compliance with ADs may be subject to fines, with the maximum penalty varying based on the severity of the breach. Additionally, CASA can suspend or revoke an operator's certificate if they fail to adhere to the ADs, which could effectively ground an aircraft until compliance is achieved. These measures underscore the critical importance of adhering to airworthiness directives to ensure the safety and integrity of Australia’s civil aviation operations.