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 2008-19-01 affecting Harco Labs, Inc. aircraft pitot/angle of attack probes. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/INST/57, which will become effective on 18 December 2008.
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, enacted by the Commonwealth Parliament, is a foundational piece of legislation governing civil aviation safety in Australia. The Act was introduced to address the need for a comprehensive regulatory framework to ensure the safety and efficiency of civil aviation within Australia's airspace. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, with a primary focus on ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the specific requirements and procedures for maintaining airworthiness, including the issuance of airworthiness directives. These directives, as outlined in regulation 39.001, are essential for addressing safety issues related to aircraft or aeronautical products, thereby fulfilling Australia's obligations under international agreements such as the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the highest standards of safety in civil aviation, in alignment with international best practices.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific kinds of aircraft or aeronautical products, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. These ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia and ensures that they comply with international safety standards by issuing ADs in response to those issued by the State of Design. The geographic reach of this regulation is national, with CASA acting as the national airworthiness authority to implement and enforce these directives. While the ADs are issued to ensure compliance and safety, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations for this purpose, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for certain kinds of aircraft or aeronautical products. These directives are formal notifications that inform aircraft owners and operators of safety issues that require corrective action. They are considered legislative instruments under the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA must take several steps when issuing ADs. Firstly, CASA must assess any ADs issued by the State of Design (the country responsible for the design of the aircraft) to determine their applicability to aircraft registered in Australia. If necessary, CASA must then issue its own ADs to enforce the requirements of the State of Design's ADs on Australian-registered aircraft. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry (where the aircraft is registered) is responsible for ensuring the ongoing airworthiness of individual aircraft. ADs serve as a key mechanism for disseminating information necessary to maintain airworthiness.
There are several obligations imposed on parties governed by the ADs. Aircraft owners and operators must comply with the ADs' requirements, which may include inspections, repairs, or modifications to the aircraft. These requirements are designed to address identified safety issues and ensure that the aircraft can be operated safely. CASA is also required to monitor compliance with ADs and take appropriate action if non-compliance is detected. The ADs provide specific instructions on how to address the safety issues and must be followed to maintain the aircraft's airworthiness certification.
There are no specific offences, penalties, or consequences outlined in the provided text for breaches of the ADs. However, non-compliance with ADs can have serious repercussions, including the potential for CASA to take enforcement actions such as grounding the aircraft, cancelling airworthiness certificates, or imposing fines. Additionally, operators who fail to comply with ADs may face legal liability in the event of an accident or incident resulting from the non-compliance. The severity of the consequences will depend on the nature and extent of the non-compliance and the impact on the safety of the aircraft.