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, the Civil Aviation Safety Authority (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, or likely to be 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.
In 2005 the USA Federal Aviation Administration issued AD 2005-04-06 applicable to Gulfstream Aerospace GV-SP aircraft. The USA is the State of Design of Gulfstream Aerospace aircraft. In 2005 no GV-SP aircraft was registered in Australia. However, two such aircraft were registered in 2010 and CASA has decided to mandate 2005-04-06 in a new AD called AD/G1159/52 Avionics Standard Communication Bus. AD/G1159/52 will become effective on 30 March 2011.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia, with the Civil Aviation Safety Regulations 1998 providing further details on the implementation of safety measures. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. This legislative framework is designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation safety practices are consistent with global norms.
In response to international obligations under the Convention on International Civil Aviation, the Civil Aviation Safety Regulations 1998 permit CASA to issue ADs to maintain the continuing airworthiness of aircraft. The issuance of ADs, such as AD/G1159/52, which became effective on 30 March 2011, demonstrates Australia's commitment to enforcing safety standards as determined by the relevant State of Design, even when those aircraft were not initially registered in Australia. This approach ensures that safety directives issued by the design state are appropriately mandated in Australia, reflecting the collaborative nature of international aviation safety regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 apply to all aircraft registered in Australia, including both domestic and international aircraft when they are within Australian jurisdiction. The regulations govern the continuing airworthiness of aircraft and aeronautical products, and are enforced by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. Specifically, regulation 39.001 allows CASA to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products, which are legislative instruments that mandate compliance with continuing airworthiness requirements. These ADs are issued in response to directives from the State of Design, which has the responsibility for the continuing airworthiness of an aircraft type, or from international obligations under the Convention on International Civil Aviation. The issuance of ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are created by CASA, acting under the authority granted by the Act, and apply to any aircraft registered in Australia or likely to be registered in Australia.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments, as stipulated in subregulation 39.001(5) and the Acts Interpretation Act 1901, and they are governed by the Legislative Instruments Act 2003. Under these provisions, CASA has the authority to issue an AD for a type of aircraft registered in Australia or likely to be registered in Australia, when the State of Design issues a corresponding AD.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other parties are significant. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft meet international standards for airworthiness. Additionally, the State of Registry, which in this case is Australia, is responsible for the continuing airworthiness of each registered aircraft. This includes implementing and enforcing ADs to maintain safety standards.
Breach of an AD can lead to serious consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance, non-compliance with ADs can result in significant civil or criminal consequences. In Australia, failing to comply with an AD can lead to fines or imprisonment under the Civil Aviation Act 1988 and other related laws. The specific penalties depend on the severity of the non-compliance and the impact on aviation safety. CASA can take enforcement actions against operators who fail to comply with ADs, including grounding aircraft, imposing fines, or even prosecuting individuals involved in the breach.