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/85 to correct an unsafe situation on transport category aircraft used in scheduled passenger carrying operations. The requirements for passenger seats in transport category aircraft were significantly upgraded by a change to the US Federal Aviation Regulations in June 1988, and these new standards have been adopted world wide. However, these new standards only apply to aircraft designed after that date. Aircraft which had already been certificated and were in production in June 1988 were allowed to continue using seats meeting the older, much less safe, standard. This directive, which is based on a US FAA requirement, will correct this shortcoming by requiring all transport category aircraft used in scheduled passenger carrying operations, and manufactured after 27 October 2009, to be fitted with the new standard seats regardless of when the type was originally certificated.
CASA has consulted with the Australian industry. Major operators and the Regional Airlines Association were consulted and did not object to the requirements of the directive.
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, 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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and to establish the Civil Aviation Authority (CASA) as the national airworthiness authority. The Act provides the legislative framework for the regulation of aviation safety in Australia, including the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further elaborate on the mechanisms for ensuring the continuing airworthiness of aircraft through these ADs. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs to maintain airworthiness. The policy objective is to mandate the adoption of globally accepted safety standards, particularly those concerning the upgrade of passenger seats in transport category aircraft to ensure consistent safety across the aviation industry. The recent AD/GENERAL/85 addresses a specific safety concern by requiring new transport category aircraft manufactured after 27 October 2009 to use the updated seat standards, irrespective of the original certification date, thereby enhancing overall safety in scheduled passenger operations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation, extending its reach to all aircraft types registered in Australia and operated within the Commonwealth. Airworthiness directives are legislative instruments that mandate safety measures for maintaining the airworthiness of aircraft. They are applicable to both the State of Design and the State of Registry of an aircraft, ensuring that safety standards are met and maintained internationally. The AD/GENERAL/85, issued by CASA, exemplifies this regulatory function by addressing a specific safety concern related to the seating standards for transport category aircraft used in scheduled passenger operations. This directive applies to all such aircraft manufactured after 27 October 2009, irrespective of their original certification date, thereby harmonizing safety standards with international best practices. The directive was developed in consultation with major industry stakeholders, ensuring its practicality and acceptance within the Australian aviation sector.
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 ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. One such AD, AD/GENERAL/85, was issued by CASA to address an unsafe situation concerning passenger seats in transport category aircraft used in scheduled passenger carrying operations. This directive mandates that all such aircraft manufactured after 27 October 2009 must be fitted with new standard seats, aligning with the upgraded requirements adopted worldwide following changes to the US Federal Aviation Regulations in June 1988. This ensures safety standards are uniformly applied regardless of when the aircraft type was originally certificated.
The obligations imposed by this legislation primarily rest on CASA as the national airworthiness authority, requiring it to assess information provided by the State of Design and, if appropriate, issue an Australian AD. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft. For aircraft designed before the adoption of the new seat standards, the AD mandates compliance with the updated requirements, ensuring that all transport category aircraft used in scheduled passenger operations meet the latest safety standards. The State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to States of Registry to facilitate compliance with these requirements.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil or criminal penalties. Specifically, under section 98A of the Act, any person who contravenes an AD commits an offence and may be subject to a fine. The maximum penalty for a body corporate found guilty of contravening an AD can be substantial, reflecting the seriousness of compromising air safety. Additionally, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have significant operational and financial repercussions for the aircraft operator.