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/GAS/1 Amendment 8 to correct an unsafe situation on all aircraft containing compressed gas cylinders. Compressed gas cylinders in Australia are maintained to Australian Standard AS2337.1 and AS2030, but these standard specifically exclude cylinders used in aircraft. AD/GAS/1 requires that compressed gas cylinders fitted to aircraft also comply with these standards. A recent amendment to AS2337.1 changed the scope of the standard to include maintenance of the cylinder’s valve or regulator. This amendment to AD/GAS/1 imposes this new requirement to cylinders fitted to aircraft. The amended AD will become effective on 13 April 2006. This AD cancels and replaces the previous issue.
CASA has consulted with the Australian industry. Members of the Maintenance sub-committee of the Standards Consultative Committee have provided supportive comment, as has an industry association.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs), as specified in the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments intended to address specific safety concerns related to aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, which are designed to ensure the continuing airworthiness of aircraft and aeronautical products in line with international standards. The Civil Aviation Act 1988 empowers CASA to issue ADs to mandate safety requirements, as demonstrated by AD/GAS/1 Amendment 8, which was introduced to address an unsafe situation concerning compressed gas cylinders used in aircraft. This amendment was made to align the maintenance of these cylinders with Australian Standards, thereby enhancing safety and compliance within the industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products to ensure safety in air navigation, as authorised by section 98 of the Civil Aviation Act 1988. These ADs apply to all aircraft registered in Australia, imposing mandatory requirements to maintain airworthiness. As legislative instruments, ADs can be disallowed under the Acts Interpretation Act 1901, and they extend Australia’s commitment under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for continuing airworthiness. In the case of AD/GAS/1 Amendment 8, CASA has introduced an amendment to address unsafe situations involving compressed gas cylinders in aircraft, ensuring compliance with Australian Standards AS2337.1 and AS2030, which now include requirements for the maintenance of cylinder valves or regulators. This amendment, effective from 13 April 2006, cancels and replaces previous versions of the directive. CASA consulted with relevant industry bodies, including the Maintenance sub-committee of the Standards Consultative Committee, before issuing this directive.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations in the interests of safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs serve as legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design, typically the country where the aircraft is designed, holds primary responsibility for ensuring the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, acting as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements.
The obligations imposed by these regulations extend to ensuring the airworthiness of aircraft and aeronautical products. The State of Design must issue ADs to address unsafe conditions or to mandate compliance with specific standards. CASA, as the State of Registry, must assess these ADs and, if appropriate, issue corresponding Australian ADs to mandate compliance. Additionally, aircraft operators and maintenance providers must adhere to these directives, ensuring that any required modifications or inspections are carried out in a timely manner to maintain the airworthiness of the aircraft. This includes ensuring that all compressed gas cylinders fitted to aircraft comply with the latest standards, such as AS2337.1 and AS2030, which now include maintenance of the cylinder’s valve or regulator.
Failure to comply with airworthiness directives can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various penalties and sanctions for non-compliance. Civil penalties may include fines and the suspension or revocation of airworthiness certificates. In more severe cases, criminal penalties may apply, including imprisonment. The exact penalties depend on the nature and severity of the breach. For instance, operating an aircraft that does not comply with applicable ADs can lead to significant fines and potential imprisonment. The enforcement of these regulations is critical to maintaining the high safety standards required in the aviation industry.