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/GENERAL/74 in 1995 to ensure that front seat occupants were provided seat harnesses with upper torso restraint. As a result of comments received from industry, CASA has amended the AD to eliminate references to cancelled documents, and to add references to up to date advisory material. The amended AD, AD/GENERAL/74 Amendment 1, will become effective on 15 March 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 regulate civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. This legislative framework is complemented by the Civil Aviation Safety Regulations 1998, which among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988, through its regulatory provisions, seeks to uphold the highest safety standards in the Australian civil aviation sector, fulfilling both domestic and international obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in civil aviation within Australia, specifically mandating compliance with safety regulations to ensure air navigation safety. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and are integral to maintaining the continuing airworthiness of aircraft. The ADs are issued in response to obligations under the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to ensure an aircraft type's continuing airworthiness. The State of Registry, in this case CASA, must assess and implement these directives, ensuring compliance by all relevant entities within the Australian jurisdiction. The ADs are applicable nationwide and are a standard practice among ICAO Contracting States, ensuring a uniform approach to aircraft safety and maintenance across international borders.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are key pieces of legislation that govern the issuance and enforcement of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are critical for ensuring the continuing airworthiness of aircraft and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of a particular aircraft type, and must provide necessary information to ensure safe operation to States of Registry. In Australia, CASA, as the national airworthiness authority, must review and, if appropriate, issue ADs to mandate the requirements of the State of Design. The State of Registry is also responsible for the continuing airworthiness of individual aircraft, and must implement the requirements set out in the ADs.
A recent example of an AD issued by CASA is AD/GENERAL/74 Amendment 1, which was introduced to ensure front seat occupants are provided with seat harnesses that provide upper torso restraint. This amendment was made to eliminate references to cancelled documents and to incorporate up to date advisory material. AD/GENERAL/74 Amendment 1 will take effect on 15 March 2007, replacing the previous issue. As this AD is in response to Australia's obligations under the Convention on International Civil Aviation, and due to the nature of ADs, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with ADs can result in severe consequences. Under the Civil Aviation Act 1988, there are both civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties may include imprisonment, depending on the severity of the offence. CASA has the authority to enforce compliance with ADs and may take action against non-compliant aircraft or aeronautical products, including grounding the aircraft until compliance is achieved.