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 3 to correct an unsafe situation on GA8 aircraft. The AD has been amended to update the Service Bulletin reference. 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 4, becomes effective on 19 May 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, enacted by the Parliament of Australia, establishes a legislative framework for civil aviation safety and operations within the country. The Act aims to ensure the safety and efficiency of air navigation, thereby protecting the public and promoting the responsible use of airspace. As part of this framework, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, detail various safety measures and procedures, including the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate corrective actions to address safety issues with specific aircraft types or aeronautical products. The Civil Aviation (Safety) Regulations mandate that the Civil Aviation Safety Authority (CASA) issue ADs when necessary to ensure the continuing airworthiness of aircraft. This legislative process ensures that Australia meets its obligations under international civil aviation standards, particularly those set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain high safety standards in civil aviation, aligning with international best practices while addressing specific national safety concerns.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to kinds of aircraft or aeronautical products. These directives are necessary for ensuring the safety of air navigation as stipulated under section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. Each AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. When Australia, as the State of Design for a particular aircraft type, issues an AD, CASA must ensure that the information is transmitted to other States of Registry to maintain the continuing airworthiness of the aircraft as per Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA are binding and must be followed by the State of Registry, which is responsible for the aircraft's ongoing airworthiness. This legislative framework ensures that the directives issued are comprehensive and applicable across relevant jurisdictions, promoting safety and consistency in international aviation standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the safety and airworthiness of aircraft and are a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Each AD is issued to address safety issues or compliance requirements that need to be addressed to maintain the airworthiness of the affected aircraft. CASA's authority to issue these directives is derived from section 98 of the Civil Aviation Act 1988, which mandates that the Governor-General may make regulations for the safety of air navigation.
The obligations imposed by the ADs on the parties they govern are substantial. The State of Design, such as Australia in the case of the GA8 aircraft, is responsible for issuing ADs to ensure the continuing airworthiness of the aircraft types it designs. The State of Registry, in this instance, CASA, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. These directives mandate specific actions to be taken by the operators of the affected aircraft to ensure compliance with the required safety standards. Failure to comply with these directives can result in significant safety risks, potentially leading to aircraft being grounded until the required actions are completed.
Failure to comply with the provisions of an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties. The maximum penalty for an individual who fails to comply with an AD is a fine of up to 200 penalty units, currently AUD 22,000, as per section 278 of the Act. For a corporation, the maximum penalty is significantly higher, up to 1,000 penalty units, currently AUD 110,000. Additionally, CASA may take enforcement actions, including issuing notices to suspend or revoke airworthiness certificates, which can prevent the aircraft from being operated until the required compliance is achieved. These stringent measures underscore the importance of adhering to the ADs to ensure the highest safety standards in civil aviation.