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 United States FAA has issued ADs listed in Schedule 1 affecting Gulfstream GIV-X, GV and GV-SP model aircraft. The United States is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/G1159/46, which will become effective on 13 July 2007. This AD requires compliance with all the ADs listed in Schedule 1.
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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1 to Explanatory Statement
Airworthiness Directive AD/G1159/46
FAA AD | Effective Date | Title |
98-09-01 | 5 May 1998 | Roll Axis Hardover Prevention System |
98-18-15 | 18 September 1998 | Wiring Harness Clearance |
2001-21-06 | 6 November 2006 | Fire Extinguisher Bottles |
2002-21-03 | 21 October 2002 | Pilot’s Overhead Circuit Breaker Panel |
2003-18-11 | 26 September 2003 | Left and right Ailerons |
2004-02-01 | 6 February 2004 | Landing Gear Selector Dump Valve |
2004-22-16 | 91 November 2004 | Crew Oxygen Bottles |
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for the regulation of civil aviation in Australia, with a primary focus on safety. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its subsidiary regulations aim to harmonise Australia's approach to aircraft airworthiness with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. This approach ensures that Australia meets its obligations under international agreements while maintaining the safety and integrity of its civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products, and are necessary to maintain the continuing airworthiness of aircraft registered in Australia. As a legislative instrument, an AD is subject to disallowance and must comply with the Legislative Instruments Act 2003. The State of Design holds responsibility for the continuing airworthiness of an aircraft type, and under international obligations, must provide necessary information to States of Registry, such as Australia. Consequently, CASA assesses the information from the State of Design and, when appropriate, issues an Australian AD to mandate compliance with the required safety measures. This process ensures that Australian-registered aircraft meet international safety standards, thereby facilitating safe air navigation both domestically and internationally. The AD/G1159/46, issued by CASA in response to United States Federal Aviation Administration (FAA) ADs, exemplifies this process by mandating compliance with specific FAA ADs for Gulfstream GIV-X, GV, and GV-SP model aircraft. Given the international nature of these directives, no public consultation or Regulatory Impact Statement was deemed necessary.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are sections 98 and 39.001, respectively. Section 98 allows the Governor-General to make regulations for the safety of air navigation, and section 39.001 authorises CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument, and hence, a legislative instrument under the Legislative Instruments Act 2003. These sections empower CASA to issue ADs that mandate specific safety measures and compliance requirements for aircraft registered in Australia.
The obligations imposed by these sections require the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry must then develop or adopt requirements to maintain airworthiness, including assessing and, if necessary, issuing Australian ADs in response to ADs from the State of Design. For example, under this regulatory framework, CASA has issued Australian AD/G1159/46, which mandates compliance with FAA ADs affecting Gulfstream GIV-X, GV, and GV-SP model aircraft registered in Australia. This process ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with an airworthiness directive can result in severe consequences. Regulatory non-compliance may lead to the grounding of affected aircraft until corrective actions are taken, potentially disrupting operations and incurring significant costs. From a legal standpoint, non-compliance can result in civil penalties, including fines, and potentially criminal charges if the breach leads to accidents or endangers public safety. Under the Civil Aviation Act 1988, the maximum penalties for serious breaches can include substantial fines and imprisonment, reflecting the gravity of ensuring aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive framework for issuing airworthiness directives to maintain aircraft safety. These regulations mandate that Australian authorities comply with international standards set by the States of Design and Registry. Non-compliance can lead to significant operational disruptions and severe legal penalties, underscoring the importance of adhering to these directives.