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.
AD/GENERAL/65 is an Australian AD which specifies what fire extinguishers are required to be carried in aircraft, and how many. As a result of a request from industry, CASA has amended the AD to clarify the applicability of the directive. The amended AD, AD/GENERAL/65 Amendment 5, will become effective on 14 February 2008. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as this amendment to AD/GENERAL/65 was raised as a result of a conflict with AD/BAL/13 that was identified by the industry. The amendment to AD/GENERAL/65 Amendment 4 has removed the conflict between the ADs.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the General Manager, Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia and to ensure that aviation activities are conducted in a manner that protects the public. This Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 are made, including the issuance of airworthiness directives (ADs) to ensure the continuing safety of aircraft. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for types of aircraft or aeronautical products to mandate safety requirements. The policy objective of these regulations is to maintain the highest possible level of safety in civil aviation by ensuring that aircraft are maintained in an airworthy condition. The Civil Aviation Safety Regulations 1998 were made under the authority of the Civil Aviation Act 1988 and are designed to support the overarching aim of ensuring the safety of air navigation. The amended AD/GENERAL/65 Amendment 5, which clarifies the applicability of the directive concerning the required fire extinguishers in aircraft, was made by CASA to address a conflict identified by the industry and to ensure compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulations 2008, as a legislative instrument under the Civil Aviation Act 1988, pertain to the maintenance of airworthiness of aircraft registered in Australia. This regulation applies to aircraft operators and owners, as well as entities responsible for ensuring the continuing airworthiness of aircraft, such as maintenance organisations and airworthiness authorities. Its geographic reach is national, encompassing all aircraft within Australia's jurisdiction, regardless of where they are designed or manufactured. The amendment to AD/GENERAL/65, specifically, addresses the requirements for fire extinguishers on aircraft, clarifying their necessity and quantity. This legislative instrument does not require consultation with the industry or public when amendments are made to resolve internal conflicts between existing directives, as was the case with the conflict between AD/GENERAL/65 and AD/BAL/13. The Civil Aviation Safety Regulations 1998 extend the application of these amendments through subordinate instruments, ensuring that all relevant parties are informed and compliant with the updated standards.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) are issued and enforced in Australia. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These ADs are crucial for ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must review this information and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian aircraft comply with international safety standards.
AD/GENERAL/65 is an example of an Australian AD that specifies the types and quantities of fire extinguishers required in aircraft. Recently, CASA amended this directive, referred to as AD/GENERAL/65 Amendment 5, to resolve a conflict with another directive, AD/BAL/13. This amendment clarifies the applicability of AD/GENERAL/65 and will take effect on 14 February 2008, replacing the previous version of the directive. Importantly, CASA did not consult with the industry and public for this amendment as it was industry-driven, resolving a conflict that had been identified.
Failure to comply with ADs can lead to serious consequences. ADs are legally binding and non-compliance can result in penalties under the Civil Aviation Act 1988. CASA has the authority to take enforcement actions against individuals or entities that do not adhere to the requirements of an AD. Such actions can include fines, suspension or revocation of airworthiness certificates, and other regulatory measures. The severity of penalties can vary depending on the nature and extent of the non-compliance, with potential maximum penalties as stipulated within the Act. These provisions underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.