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 AD 2009-09-09 affecting Colombia LC40 model aircraft. The USA is the State of Design for this type. CASA assessed this AD and issued Australian AD/LC40/3, which became effective on 15 May 2009. CASA issued Australian AD/LC40/3 Amdt 1 to introduce an alternative method of compliance to the requirements of this Directive and the required recurring inspections. 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, Continuing Airworthiness, in the Airworthiness and 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 a legislative framework ensuring the safety and efficiency of civil aviation in Australia. One of its key provisions is the ability for the Governor-General to make regulations for the purposes of the Act, particularly to ensure the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. The ADs are mandated by Australia's commitments under the Convention on International Civil Aviation, specifically through Annex 8, which stipulates the State of Design's responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, evaluates these directives and issues corresponding Australian ADs as necessary, ensuring compliance with international safety standards. This legislative structure enables Australia to maintain high safety standards in alignment with global aviation norms.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, including the Colombia LC40 model aircraft, as seen in AD 2009-09-09 issued by the Federal Aviation Administration (FAA). These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure compliance with continuing airworthiness standards as per Annex 8 of the Convention on International Civil Aviation, where the State of Design and State of Registry share responsibilities. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, is obligated to assess and, if necessary, issue corresponding Australian ADs. The AD/LC40/3 issued by CASA on 15 May 2009, and its amendment, mandates the requirements of the US FAA's AD for the LC40 model aircraft, reflecting Australia's commitment to international aviation safety standards. Given the international nature of the directive and its alignment with international obligations, this AD does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation concern the issuance of airworthiness directives (ADs) as per section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Under these provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument as per subregulation 39.001(5) and is designed to ensure the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess and, if appropriate, issue Australian ADs in response to directives from the State of Design, which, in this case, is the United States. The State of Registry, being Australia in this context, must ensure the continuing airworthiness of aircraft registered within its jurisdiction. Therefore, when the Federal Aviation Administration (FAA) issued AD 2009-09-09 for the Colombia LC40 model aircraft, CASA assessed this directive and subsequently issued Australian AD/LC40/3, effective from 15 May 2009. CASA also introduced an amendment to this AD to provide an alternative compliance method and to specify the required recurring inspections.
Breaches of the ADs or non-compliance with the requirements set forth can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. Civil penalties may include fines, and in severe cases, aircraft may be grounded or their operations restricted. Criminal penalties can include imprisonment, reflecting the serious nature of ensuring air safety. The maximum penalties are not explicitly stated in the provided text, but they can be substantial given the critical role of airworthiness directives in aviation safety.