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/HS 125/89 was originally raised in 1987. AD/HS 125/89 Amdt 2 introduces the requirements of the FAA AD 89-18-07 R1 and increases the applicability to include the 800 series aircraft. AD/HS 125/89 Amdt 2 will become effective on 18 March 2010. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the 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 civil aviation in Australia, providing a framework for the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were developed. Regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at ensuring the continuing airworthiness of aircraft. ADs are integral to Australia's compliance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is obligated to issue ADs when the State of Design issues corresponding directives, ensuring that Australian aircraft meet international safety standards. AD/HS 125/89 Amendment 2, which became effective on 18 March 2010, exemplifies this process by incorporating requirements from a Federal Aviation Administration directive and extending its scope to include the 800 series aircraft. This amendment was issued under the authority of the Act, without public consultation, and was deemed not to require a Regulatory Impact Statement.
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 types of aircraft or aeronautical products. These directives are legislative instruments, as stated in the Legislative Instruments Act 2003, and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The Civil Aviation Act 1988 underpins these regulations, emphasising the importance of safety in air navigation. ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure an aircraft type's continuing airworthiness. The State of Registry, in this case CASA, is responsible for ensuring that aircraft meet these standards. The AD/HS 125/89 Amdt 2, effective from 18 March 2010, updates and broadens the requirements to include the 800 series aircraft, reflecting the latest safety standards and obligations under international conventions. Given their international nature and specific technical requirements, these directives do not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with a particular focus on the continuing airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to make regulations necessary for safety, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are considered legislative instruments, as outlined in the Legislative Instruments Act 2003.
Under these regulations, CASA is tasked with assessing and, if necessary, issuing Australian ADs when a State of Design issues an AD for a type of aircraft registered in Australia. This ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, typically the manufacturer, holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case Australia, must implement and enforce the necessary requirements.
Compliance with these provisions is mandatory for all parties involved, including aircraft manufacturers, operators, and maintenance providers. CASA’s role includes evaluating the necessity and appropriateness of issuing an Australian AD based on the information provided by the State of Design. Additionally, the State of Registry must develop or adopt the necessary requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with an AD can result in significant legal consequences. Section 98A of the Act stipulates that non-compliance with an AD is an offence, and the penalties can include fines and imprisonment. The specific penalties for non-compliance are detailed in the relevant regulations and can vary based on the severity of the breach. These measures underscore the importance of adhering to ADs to maintain the safety standards required under Australian aviation law.