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.
CASA has raised AD/G164/14 Amendment 1 to correct a typographical error and include terminating action in respect of Schweizer (Grumman) G-164 (Ag-Cat) series aircraft. An incorrect component part number was referenced in AD/G164/14 (raised in 1983) together with omission of 60 day compliance period and terminating action as required by State of design directive FAA AD 73-19-10. As there are some examples of the G-164 (Ag-Cat) on the Australian register CASA has developed an amendment to better reflect the requirements of the State of design and to assist aircraft operators by providing terminating action. This AD cancels and replaces the previous issue. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, addressing the need for a cohesive and legally sound system to ensure the safety and efficiency of aviation operations. This Act empowers the Governor-General to create regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing operational requirements. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products, ensuring ongoing airworthiness and compliance with international standards. The introduction of ADs is intended to maintain the safety and airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. CASA has the authority to issue these directives to mandate specific requirements derived from the State of Design, ensuring the Australian aviation industry adheres to necessary safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, which are essential tools for ensuring the continuing airworthiness of aircraft. These regulations apply to the Civil Aviation Safety Authority (CASA), which is responsible for issuing ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is obligated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, AD/G164/14 Amendment 1 was issued to correct a typographical error and incorporate terminating action for Schweizer (Grumman) G-164 (Ag-Cat) series aircraft registered in Australia. This amendment was made without public consultation as it did not raise any new safety concerns. The AD was issued by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the authority granted under subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) states that ADs are disallowable instruments, meaning they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These regulations impose specific obligations on parties and entities. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness. The State of Registry, which oversees individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of those aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding ADs for Australian-registered aircraft to mandate those requirements.
Non-compliance with ADs can result in civil and criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be fined up to $22,200 for an individual and up to $111,000 for a body corporate. Failure to comply with ADs can also result in aircraft being grounded, which could disrupt operations and potentially lead to safety issues. Additionally, CASA can take enforcement action, which might include imposing fines or other penalties, against entities that fail to comply with the requirements set out in ADs.
The AD/G164/14 Amendment 1, which corrects a typographical error and includes terminating action for Schweizer (Grumman) G-164 (Ag-Cat) series aircraft, was issued to address a previously incorrect component part number and the omission of a 60-day compliance period and terminating action as required by the State of Design directive FAA AD 73-19-10. As there are no safety issues associated with this amendment, CASA did not consult with the Australian industry and public. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, which simplifies the process of issuing necessary amendments to maintain airworthiness standards.