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 FAA has issued AD 2005-12-02 affecting Revo, Incorporated Models Colonial C-2 and LA-4 series aircraft. USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/LA-4/25, Amendment 1, which will become effective on 8 July 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes/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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. This regulatory power is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In response to ADs issued by other countries, CASA assesses the information and, if necessary, issues corresponding Australian ADs to enforce the requirements. This process ensures that Australian aircraft comply with international safety standards.
Scope and Application
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) for various kinds of aircraft or aeronautical products, with the aim of ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue these directives, which are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901. The scope of the Act extends to mandating the requirements of ADs issued by the State of Design, which are then assessed and, if appropriate, adopted by CASA to ensure the continuing airworthiness of aircraft on the Australian Register. The geographic reach of these regulations is national, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibilities to the State of Design and State of Registry for aircraft airworthiness. There are no stated exclusions or thresholds within the text, though the application of ADs is contingent on the assessment by CASA. The issuance of these directives, as per the given example involving Revo, Incorporated aircraft models, is executed by CASA under the authority of the Act, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that align with the Act's objectives and the broader safety of air navigation. Under these provisions, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory action ensures that the safety and airworthiness of aircraft are consistently maintained across the industry. As outlined in subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs extend to the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure that the aircraft type remains airworthy, which is typically communicated through ADs. Furthermore, the State of Registry, which is responsible for the individual aircraft’s continuing airworthiness, must implement or adopt requirements to uphold airworthiness standards. When an AD is issued by a State of Design, such as the United States in the case of Revo, Incorporated Models Colonial C-2 and LA-4 series aircraft, CASA must review this information and, if necessary, issue a corresponding Australian AD. This was the case with AD 2005-12-02, which CASA subsequently translated into Australian AD/LA-4/25, Amendment 1, effective from 8 July 2005.
Given that ADs are issued to fulfil international obligations under the Convention on International Civil Aviation and in response to ADs from the relevant State of Design, there is no requirement for public consultation on these directives. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was crafted by the Manager, Airframes/New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements set out in an airworthiness directive can result in serious legal consequences. Both civil and criminal penalties may be imposed for non-compliance. Civil penalties can include fines, and in severe cases, criminal penalties can be applied. For instance, the Civil Aviation Act 1988 and associated regulations might stipulate specific penalties for non-compliance, such as fines up to a certain monetary amount or imprisonment for a defined period. These penalties serve as deterrents to ensure adherence to airworthiness standards, thereby maintaining the safety of air navigation.