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/GENERAL/66 Amendment 1 to correct an unsafe situation on transport category aircraft. The previous AD referred to Federal Aviation Regulation (FAR) 25.812 for all escape path lighting systems including those not operated by electrical power. As a result, CASA has amended this AD to only refer to FAR 25.812(e) which is not dependent on the escape path power sources.
CASA has not consulted with the Australian industry and public as the change to the AD has reduced the impact on the industry by limiting compliance to FAR 25.812(e) rather than all of FAR25.812.
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 legal framework for the regulation of civil aviation in Australia, addressing issues related to the safety, efficiency, and orderly development of air transport. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, specified in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. The objective is to maintain high safety standards in line with international conventions such as Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must implement necessary requirements to maintain airworthiness. The issuance of ADs is a legislative instrument, overseen by CASA to mandate specific safety requirements as necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, as per the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, created under regulation 39.001, and are necessary for maintaining the safety of air navigation. The application of these ADs is broad, covering any aircraft registered in Australia, thereby affecting aircraft owners, operators, and manufacturers. Geographically, the application extends nationally as CASA acts as the national airworthiness authority, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). However, ADs do not require a Regulatory Impact Statement, and CASA has the discretion to issue amendments without public consultation if deemed to have minimal industry impact. The ADs are designed to mandate safety measures, such as the recent amendment to AD/GENERAL/66, which now only references Federal Aviation Regulation (FAR) 25.812(e) for escape path lighting systems, thereby limiting the scope of compliance and reducing the burden on the industry.
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, as clarified in subregulation 39.001(5), are considered legislative instruments, as per section 6 of the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft and are a common tool used by International Civil Aviation Organization (ICAO) Contracting States. When CASA issues an AD, it mandates compliance with specific safety requirements, and these directives reflect the obligations of both the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these airworthiness directives on the parties they govern include ensuring that the aircraft or aeronautical products comply with the specified safety standards. For the State of Design, this means providing necessary information to maintain the continuing airworthiness of the aircraft type. For the State of Registry, it involves developing or adopting requirements to ensure that individual aircraft remain airworthy. CASA, acting on behalf of the Australian Government, has the duty to assess information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the required safety measures. The State of Registry must then ensure that the aircraft on the Australian Register comply with these directives.
Failure to comply with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. The severity of penalties can vary but may include fines and imprisonment, depending on the nature and extent of the breach. Additionally, civil liabilities may arise for damages caused by non-compliance, such as accidents resulting from unsafe aircraft. The exact penalties for breaches of ADs are not specified in the given text but are typically severe, reflecting the critical importance of maintaining airworthiness standards.