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 issued an alternate means of compliance to AD 2005-12-02, affecting Revo Inc. Model LA-4 aircraft, on 19 September 2005. USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow installation of an improved horizontal stabiliser fitting. The amended AD, AD/LA-4/25 Amendment 2, will become effective on 13 October 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, 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 legislative framework for the safety, efficiency, and orderly development of civil aviation in Australia. The 1988 Act, along with the Civil Aviation Safety Regulations 1998, serves to ensure that aviation activities are conducted in a manner that protects the public and promotes safe air navigation. One of the key mechanisms through which these objectives are achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, issues these directives to mandate safety requirements in response to identified issues with aircraft or aeronautical products. This legislative instrument is intended to ensure compliance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, thereby maintaining the continuing airworthiness of aircraft on the Australian Register. The ADs are issued in response to obligations under international conventions and to directives from the State of Design, hence they do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to entities and individuals involved in civil aviation, including aircraft manufacturers, airlines, pilots, air traffic controllers, and other aviation industry professionals. It governs conduct and transactions related to the safety and regulation of civil aviation within Australia, extending to all aircraft registered in Australia, regardless of where they are based or operating. The Act’s jurisdictional reach is national, and it is supported by subordinate instruments such as the Civil Aviation Safety Regulations 1998. These regulations, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate compliance with safety standards for specific aircraft or aeronautical products. The Act does not specify particular exclusions or exemptions but relies on international standards and conventions, such as Annex 8 to the Convention on International Civil Aviation, to guide its application. In the case of ADs, Australia’s obligations under international agreements necessitate adherence to directives issued by the State of Design, with CASA required to issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of civil aviation in Australia, with specific provisions concerning airworthiness directives. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include a responsibility on the State of Design to ensure the continuing airworthiness of an aircraft type, in accordance with Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to States of Registry, who must then develop or adopt requirements to ensure the airworthiness of aircraft registered within their jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This was the case with the recent amendment to AD/LA-4/25, which allows for the installation of an improved horizontal stabiliser fitting for Revo Inc. Model LA-4 aircraft, following an alternate means of compliance issued by the Federal Aviation Administration (FAA).
Failure to comply with airworthiness directives can have serious legal consequences. Under section 95 of the Civil Aviation Act 1988, an authorised person can issue a direction to ensure compliance with an AD, and any non-compliance can be considered an offence. The penalties for such offences can include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the breach. Additionally, non-compliance with airworthiness directives can result in the grounding of an aircraft, potentially leading to further civil or criminal liability for the operator.