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 raised AD/GA8/5 to correct an unsafe situation on Gippsland Aeronautics GA8 model aircraft in early 2007. This directive requires a number of inspections and improvements aimed at overcoming tailplane attachment problems, and is based on service documentation provided by Gippsland Aeronautics. However, the manufacturer has discovered an error in their Service Bulletin which was duplicated in AD/GA8/5. As a result, AD/GA8/5 Amendment 1 is issued to correct this error. As Australia is the State of Design for the GA8, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. This AD will become effective on 15 March 2007, and cancels and replaces the previous issue.
CASA has not consulted widely with the Australian public. However, the directive has been raised as a result of consultation with, and with the support of, the aircraft manufacturer. Because of the potential consequences of a failure, urgent action is required, and this would be significantly delayed by widespread public consultation.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting General Manager, Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for the regulation of civil aviation in Australia, addressing issues related to safety and air navigation. Under the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which serve as the primary mechanism for ensuring the continuing airworthiness of aircraft. The issuing of AD/GA8/5 Amendment 1 in 2007, correcting an error in the previously issued directive for Gippsland Aeronautics GA8 model aircraft, exemplifies the application of these regulations to address specific safety concerns in a timely manner. The objective of this legislation is to mandate corrective actions where necessary to maintain the safety standards required by the Convention on International Civil Aviation, and to ensure that such directives are communicated effectively to the States of Registry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the safety of air navigation, and they apply to aircraft registered in Australia, mandating corrective measures to address safety concerns. The State of Registry, in this case CASA, must develop and implement ADs to maintain the continuing airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). As illustrated in the issuance of AD/GA8/5 and its subsequent amendment, these directives are critical for addressing specific safety issues such as tailplane attachment problems in the Gippsland Aeronautics GA8 model aircraft. While the process does not require extensive public consultation due to the urgency of safety issues, it is supported by consultations with aircraft manufacturers. The ADs extend to all aircraft of the specified type registered in Australia, necessitating inspections and improvements to rectify identified issues.
Key Provisions
The Civil Aviation Act 1988, particularly in section 98, empowers the Governor-General to create regulations for air navigation safety. The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, responsible for the aircraft type, must provide necessary information for airworthiness, and States of Registry must ensure the aircraft’s continuing airworthiness as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Act and regulations are primarily on CASA and the State of Registry. CASA must assess information from the State of Design and, if necessary, issue an Australian AD to mandate specific requirements. For instance, CASA issued AD/GA8/5 in 2007 to address unsafe conditions in Gippsland Aeronautics GA8 model aircraft, necessitating inspections and improvements. Given the urgency and safety implications, CASA did not consult widely with the public but collaborated with the aircraft manufacturer. As the State of Design for the GA8, CASA is required to develop and transmit an AD to other States of Registry.
Failure to comply with an airworthiness directive can lead to significant consequences. ADs are not subject to a Regulatory Impact Statement, and CASA issues them under section 84A(2) of the Act. Non-compliance can result in severe civil or criminal penalties. Although specific penalties are not detailed in the provided text, non-compliance with aviation safety regulations generally can lead to fines, aircraft grounding, or even criminal charges depending on the severity of the breach and its impact on safety.