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 issued AD 2008-06-28, affecting primary Flight Displays manufactured by Avidyne4 Corporation, in 2008. The United States is the State of Design for this equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/INST/56 Amendment 1, will become effective on 5 June 2008. 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, Systems and New Technologies 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 provide for the regulation of civil aviation in Australia and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations that are necessary for the purposes of the Act and in the interests of the safety of air navigation. In accordance with this authority, the Civil Aviation Safety Regulations 1998 were enacted, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments made under the authority of the Civil Aviation Act and are designed to ensure the continuing airworthiness of aircraft. The ADs are a key mechanism for Australia to meet its obligations under the Convention on International Civil Aviation, ensuring that the Australian aviation industry maintains consistent standards of safety and airworthiness. This particular AD was issued by CASA to correct a typographical error in the previous AD, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are critical for maintaining the continuing airworthiness of aircraft registered in Australia. These directives are issued to mandate requirements that ensure compliance with safety standards, particularly when an AD is issued by the State of Design, such as the United States in the case of certain aircraft equipment. CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce those safety requirements. This process underscores Australia's commitment to international civil aviation standards as outlined in the Convention on International Civil Aviation. While these directives are critical for safety, they are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical nature and the immediate need to address safety concerns.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations that pertain to the safety of air navigation, while regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. This regulatory power ensures that safety measures are communicated and enforced effectively, maintaining high safety standards in the aviation industry. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument, and by virtue of section 6 of the Legislative Instruments Act 2003, it is considered a legislative instrument.
The obligations imposed by these provisions require CASA to closely monitor and respond to airworthiness concerns identified by the State of Design—the country where the aircraft or aeronautical product is designed. When the State of Design issues an AD, CASA must review the information and determine whether an equivalent AD is necessary for Australian-registered aircraft. This ensures that the continuing airworthiness of aircraft is managed in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns the responsibility for airworthiness to the State of Design and the State of Registry.
Under these regulations, CASA is mandated to issue ADs that align with international standards and address specific safety concerns. For instance, following the issuance of AD 2008-06-28 by the United States Federal Aviation Administration (FAA) concerning primary Flight Displays manufactured by Avidyne Corporation, CASA amended the equivalent Australian AD to correct a typographical error. This amendment, AD/INST/56 Amendment 1, is set to become effective on 5 June 2008, replacing the previous version. Given that these ADs are issued in response to international obligations and safety directives, no public consultation is required, as determined by the Office of Best Practice Regulation, which also concluded that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set forth in an AD can lead to serious consequences. Non-compliance may result in the grounding of aircraft, as mandated by the regulations, and could potentially lead to civil or criminal penalties. The severity of the penalties depends on the nature and extent of the non-compliance, with maximum penalties available under relevant sections of the Act. Such measures underscore the importance of adhering to airworthiness directives to ensure the safety and integrity of the aviation industry.