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/G164/5 Amendment 2 to include terminating action in respect of Schweizer (Grumman) G-164 (Ag-Cat) series aircraft. Terminating action was not included in AD/G164/5 (raised in 1966) which was later provided 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 reflect the requirements of the State of design to assist aircraft operators by the provision of a 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, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is a fundamental piece of legislation that governs the safety and efficiency of civil aviation within Australia. This Act, through its various provisions, establishes the framework for the regulation of aviation activities and the maintenance of safety standards in the industry. A significant aspect of this Act is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are critical for ensuring the continuing airworthiness of aircraft. One such AD, AD/G164/5 Amendment 2, addresses a specific issue with the Schweizer (Grumman) G-164 (Ag-Cat) series aircraft by including terminating action. This amendment was introduced to align Australian regulations with the directives issued by the State of Design, enhancing the safety and compliance standards for aircraft registered in Australia. The AD was formulated by CASA to reflect the requirements of the State of Design without raising any safety concerns, and it supersedes the previous AD/G164/5. The legislative process for this AD was conducted in accordance with the Civil Aviation Act 1988, ensuring that the amendment meets the necessary regulatory standards and requirements.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are instrumental in maintaining the safety of air navigation and are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus classified as legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs are issued in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft, which CASA enforces as Australia’s national airworthiness authority. This legislative framework applies to all aircraft and aeronautical products registered within Australia, extending to any aircraft type designed within Australia or those registered under Australian jurisdiction, ensuring compliance with both domestic and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain key provisions for the issuance of airworthiness directives (ADs), as detailed in regulation 39.001. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Under subsection 39.001(5), these ADs are considered disallowable instruments, thus qualifying as legislative instruments under section 6 of the Legislative Instruments Act 2003. The primary aim of these directives is to ensure the safety of air navigation and to mandate compliance with airworthiness standards.
The obligations imposed by these provisions primarily fall on CASA, as the national airworthiness authority in Australia. CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding ADs for aircraft registered in Australia. This ensures that Australian aircraft meet the required airworthiness standards as set by the State of Design. Furthermore, the State of Registry, which in this case is Australia, has the responsibility to ensure the continuing airworthiness of its registered aircraft. This involves adopting or developing requirements that align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation.
There are no explicit offences or penalties detailed in the Civil Aviation Safety Regulations 1998 for non-compliance with ADs. However, failure to comply with an AD can result in severe consequences, including the potential grounding of aircraft, which would affect the operational safety and legality of air travel. The Civil Aviation Act 1988 and associated regulations do not specify maximum penalties for non-compliance, but such breaches can lead to enforcement actions by CASA, including fines, operational restrictions, or even the suspension of an aircraft's airworthiness certificate. These measures are taken to enforce compliance and maintain the highest safety standards in civil aviation.