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.
The United States FAA has issued AD 2005-25-08 affecting Shadin Model ADC-2000 Air Data Computers. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/INST/53, which will become effective on 23 January 2006.
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 Acting Manager, New Technologies and Systems, 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, enacted to govern the regulation and safety of civil aviation in Australia, empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 allow 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 per the Legislative Instruments Act 2003, and serve to maintain the continuing airworthiness of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. CASA issues these directives in response to continuing airworthiness information provided by the aircraft's State of Design, and does not require public consultation or a Regulatory Impact Statement for such measures. The issuing of an AD, such as Australian AD/INST/53 in response to the United States FAA's AD 2005-25-08 for Shadin Model ADC-2000 Air Data Computers, exemplifies this regulatory process.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern various aspects of aviation safety in Australia. Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations to ensure the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments and are integral in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to assessments conducted by CASA, particularly when a State of Design issues a directive that affects aircraft on the Australian Register. The issuance of these directives, such as Australian AD/INST/53 in response to FAA AD 2005-25-08, is executed without public consultation due to the international obligations under the Convention and is made by authorised personnel within CASA, ensuring compliance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. This broad authority allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a formal legislative instrument (section 6 of the Legislative Instruments Act 2003) that mandates specific actions to ensure the safety and airworthiness of certain aircraft or aeronautical products, as detailed in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. These directives are typically issued in response to safety concerns identified by the State of Design or other relevant authorities, such as the United States Federal Aviation Administration (FAA) in the case of the Shadin Model ADC-2000 Air Data Computers.
The obligations imposed by the Civil Aviation Act 1988 and the associated regulations are extensive. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry to ensure this airworthiness. In Australia, CASA, as the national airworthiness authority, must assess the information from the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This process is integral to maintaining the safety standards required under Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry, which in this context is Australia, must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes complying with any ADs issued by CASA.
Failure to comply with the requirements set out in an AD can lead to significant consequences. Although specific offences and penalties are not detailed in the provided text, the regulatory framework indicates that non-compliance with ADs can result in severe civil or criminal penalties. These could include fines or even imprisonment, depending on the severity of the breach and the impact on aviation safety. The rigorous nature of these consequences underscores the critical importance of adhering to airworthiness directives to maintain the high safety standards required in the aviation industry.