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 2009-05-05 affecting Primary Flight Displays manufactured by Avidyne Corporation. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/INST/56, Amendment 2, which will become effective on 3 April 2009. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. In alignment with this overarching objective, the Civil Aviation Safety Regulations 1998 were also introduced, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory mechanism ensures that aircraft maintain their airworthiness and complies with international standards set by the Convention on International Civil Aviation. In accordance with section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations in the interest of air navigation safety. CASA, acting on behalf of the Australian Government, issues these directives to mandate the continuing airworthiness of aircraft registered in Australia, in response to ADs issued by the States of Design, such as the United States in the case of Avidyne Corporation’s Primary Flight Displays.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These regulations apply to all entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers. The geographic reach of these regulations is national, as Australia, being a signatory to the Convention on International Civil Aviation, adheres to international standards and practices. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and their issuance does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. In this particular instance, CASA has issued Australian AD/INST/56, Amendment 2, in response to an AD issued by the United States Federal Aviation Administration concerning Primary Flight Displays manufactured by Avidyne Corporation, reflecting Australia’s commitment to international airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and section 46A of the Acts Interpretation Act 1901, and are further recognised under section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which in this case is the United States, bears the primary responsibility for the continuing airworthiness of an aircraft type, according to Annex 8 to the Convention on International Civil Aviation. The State of Design must supply any necessary information to ensure the aircraft type's continuing airworthiness to the relevant States of Registry, such as Australia. The State of Registry, in this case CASA as Australia's national airworthiness authority, is responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed by these regulations require CASA to assess and respond to ADs issued by the State of Design. For instance, the Federal Aviation Administration (FAA) of the United States has issued AD 2009-05-05 concerning Primary Flight Displays manufactured by Avidyne Corporation. CASA has evaluated this AD and issued Australian AD/INST/56, Amendment 2, which will take effect on 3 April 2009. This new AD cancels and replaces the previous issue.
In terms of consequences for non-compliance, the regulations do not specify explicit offences or penalties for breach. However, failure to adhere to an AD could lead to potential safety issues, resulting in regulatory action or enforcement measures by CASA. As this AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place. 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 Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.