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 raised AD/GENERAL/82 Amendment 1 to correct an unsafe situation on all types of aircraft in 2003. The AD ensures that all repairs to the fuselage pressure vessel meet appropriate requirements. As a result of an internal review, CASA has issued AD/GENERAL/82 Amendment 2 which will become effective on
30 July 2009 to update the reference to the requirement document. The changes made to the AD have no effect on the regulatory burden on the Australian industry, but simply correct the reference to the international requirement. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the amendment has no effect on the regulatory burden, and aligns with international requirements.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of civil aviation within the country. One of the mechanisms provided under this Act is the ability for the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are critical for maintaining the safety standards of aircraft and aeronautical products, as they ensure that all aircraft continue to meet the necessary safety requirements throughout their operational life. In 2009, CASA issued Amendment 2 to AD/GENERAL/82, an airworthiness directive aimed at correcting a reference error in the original directive issued in 2003, without altering the regulatory requirements or burden on the industry. This amendment was made to ensure alignment with international standards and to address a specific safety concern related to fuselage pressure vessel repairs.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as authorised under section 98 of the Civil Aviation Act 1988. These directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, apply to all aircraft registered in Australia and serve to ensure the continuing airworthiness of these aircraft as per the requirements outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues these directives, and CASA, as Australia’s national airworthiness authority, assesses and, if necessary, issues Australian ADs to enforce the directives' requirements. Notably, AD/GENERAL/82 Amendment 2, issued by CASA, corrects a reference in the previous directive without altering the regulatory burden on the Australian aviation industry, thus aligning with international standards. Given the negligible impact on the industry, CASA did not consult with stakeholders prior to issuing this amendment. Furthermore, the Office of Best Practice Regulation has determined that such amendments do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations for the Act’s purposes, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, in accordance with section 6 of the Legislative Instruments Act 2003, are considered legislative instruments.
The obligations imposed by these regulations primarily rest with CASA, as Australia’s national airworthiness authority, and the State of Registry of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the State of Registry to ensure this airworthiness. CASA, as the State of Registry, must assess any international ADs issued against aircraft types registered in Australia and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements specified by the State of Design.
One notable instance of this regulatory framework in action is AD/GENERAL/82 Amendment 1, which CASA issued in 2003 to address an unsafe situation affecting all types of aircraft. This AD mandates that all repairs to the fuselage pressure vessel meet specific requirements. Following an internal review, CASA issued AD/GENERAL/82 Amendment 2, effective from 30 July 2009, to update the reference to the relevant requirement document. Importantly, this amendment does not alter the regulatory burden on the Australian industry but merely corrects the reference to align with international standards. Consequently, CASA did not consult with the industry and public as the amendment had no regulatory impact.
The potential consequences of non-compliance with ADs are significant. Failure to adhere to the requirements set forth in an AD can result in severe penalties. Under the Civil Aviation Act 1988, non-compliance may lead to civil penalties, including fines, and in serious cases, criminal charges. The specific penalties depend on the nature and severity of the breach but can include substantial fines for corporations and, in extreme cases, imprisonment for individuals. Ensuring compliance with ADs is, therefore, critical for maintaining the safety and airworthiness of aircraft operating in Australia.