CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 FAA has issued AD 2004-25-22 affecting Great Lakes Aircraft Company, LLC 2T-1A-1 and 2T-1A-2 aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/G2T1/1, which will become effective on 17 February 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards 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, establishes the framework for civil aviation safety, including the issuance of airworthiness directives 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 for certain types of aircraft and aeronautical products, which are instrumental in maintaining the continuing airworthiness of aircraft. These directives are aligned with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the overall airworthiness of an aircraft type. CASA, as the national airworthiness authority, assesses these international directives and, if deemed necessary, issues corresponding Australian airworthiness directives to enforce the requirements of the State of Design. This process ensures that Australian registered aircraft meet international safety standards, reflecting Australia's commitment to the safety and integrity of international civil aviation.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation, in line with the Civil Aviation Act 1988. These ADs are intended to mandate compliance with airworthiness requirements set forth by the State of Design, and CASA must issue corresponding Australian ADs when appropriate, fulfilling Australia's obligations under the Convention on International Civil Aviation. Such directives apply to the continuing airworthiness of aircraft registered in Australia, which is the responsibility of the State of Registry, ensuring that all aircraft meet necessary safety standards. Given the nature of ADs and their international context, they are typically issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are made by authorised CASA officials, in accordance with the statutory provisions, and extend across all relevant aircraft types registered within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This authority extends to the creation of airworthiness directives (ADs), as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 46A of the Acts Interpretation Act 1901 classifies these directives as disallowable instruments, indicating their legislative nature and the ability of Parliament to nullify them if necessary. In essence, these provisions enable the Civil Aviation Safety Authority (CASA) to issue ADs, which are legally binding directives that mandate specific actions or conditions to maintain the airworthiness of aircraft.
Under these provisions, the State of Design, which is the country where the aircraft was designed, has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered and operated. CASA, acting as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements. This process ensures that all aircraft registered in Australia meet international airworthiness standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are significant. CASA is tasked with rigorously assessing the ADs issued by the States of Design and issuing Australian ADs where appropriate. This involves a detailed review of the technical and safety information to ensure it is consistent with Australian standards and requirements. Furthermore, the State of Registry, in this case CASA, must ensure that all aircraft registered in Australia comply with the ADs. Failure to comply with these directives can lead to serious safety risks and potential legal consequences.
There are potential consequences for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While the specific offences and penalties are not detailed in the provided text, it is common under such legislation for non-compliance to result in civil penalties, including fines, and potentially criminal charges in cases of gross negligence or willful disregard of safety regulations. The severity of the penalties can vary, but they are designed to enforce strict compliance with airworthiness directives to ensure the highest safety standards in aviation.