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 issued AD/GA8/5 Amendment 2 to correct an unsafe situation on GA8 aircraft. The AD has been amended to clarify the model applicability. 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. The amended AD, AD/GA8/5 Amdt 3, becomes effective on 13 April 2010. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public. This is because there is no increased cost or time in completing the modified inspection.
The Office of Regulatory Review 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 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia, and it grants the Governor-General the authority to make regulations in the interest of air safety. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs serve as legislative instruments that mandate safety measures for aircraft continuing airworthiness, aligning with international standards set by the International Civil Aviation Organization (ICAO). As the State of Design for the GA8 aircraft, Australia is obligated to address any safety issues through ADs, which CASA must then assess and implement as necessary. The AD/GA8/5 Amendment 2, now superseded by Amendment 3, was issued by CASA to rectify an unsafe condition on GA8 aircraft, effective from 13 April 2010. This amendment clarifies the scope of the directive, ensuring that the necessary safety requirements are properly communicated and enforced.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments, being disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. The ADs are a critical component in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the airworthiness of an aircraft type. Australia, as both the State of Design and Registry for certain aircraft, is obligated to issue ADs to address any unsafe conditions identified, ensuring compliance with both domestic and international aviation safety standards. The issuance of ADs is a regulatory process overseen by CASA, reflecting the statutory duty to protect public safety in air navigation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per section 6 of the Legislative Instruments Act 2003 and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations imposed by the Act and the Regulations require the State of Design to be responsible for the continuing airworthiness of an aircraft type and provide necessary information to ensure this airworthiness. In contrast, the State of Registry, which is Australia in this case, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide for various offences, penalties, and consequences for breaches. Specifically, under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue ADs to address unsafe situations. Failure to comply with an AD may result in civil penalties, such as fines, or criminal penalties, such as imprisonment, depending on the severity of the breach. The maximum penalties for breaches of ADs are set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. For example, an individual who knowingly contravenes an AD may be liable to a fine of up to $16,200, and a corporation may be liable to a fine of up to $81,000. In more serious cases, an individual may be liable to imprisonment for up to two years, and a corporation may be liable to imprisonment for up to five years.