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 USA FAA has issued AD 2006-20-09 affecting Lycoming aircraft engines. USA is the State of Design for Lycoming engines. CASA has assessed this AD and has issued Australian AD/LYC/117, which will become effective on 23 November 2006.
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, 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 ensure the safety of air navigation in Australia, providing the legislative framework under which the Civil Aviation Safety Regulations 1998 were made. Section 98 of the Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. The ADs are recognised as legislative instruments under the Legislative Instruments Act 2003. The enactment of these regulations aims to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, has the responsibility to assess and issue Australian ADs when necessary, in response to directives from the State of Design, to ensure compliance with both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to all individuals and entities involved in the operation, maintenance, and certification of aircraft and aeronautical products within Australia. This includes aircraft manufacturers, operators, maintenance providers, and aviation authorities such as the Civil Aviation Safety Authority (CASA). The regulations pertain to the conduct and transactions related to air navigation safety, particularly the issuing and enforcement of airworthiness directives (ADs) which are legislative instruments under the Legislative Instruments Act 2003. ADs are issued in response to safety concerns identified by the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of Lycoming aircraft engines, and are applicable to all aircraft of the affected type registered in Australia. These ADs do not require public consultation or a Regulatory Impact Statement as they are mandated by international obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing Australian ADs in accordance with the Civil Aviation Act 1988, ensuring compliance with international standards and maintaining the safety of air navigation.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows for the creation and enforcement of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. These directives are legislative instruments that pertain to the ongoing airworthiness of aircraft or aeronautical products, and they serve as a key mechanism for ensuring safety in air navigation (sections 98 and 39.001(5)). The State of Design, which is the country responsible for the design of the aircraft or aeronautical product, holds the primary responsibility for maintaining the continuing airworthiness of the type of aircraft. They must provide all necessary information to the State of Registry, which is the country where the aircraft is registered, to ensure ongoing airworthiness (Annex 8 to the Convention on International Civil Aviation). The State of Registry must then establish or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction (Annex 8). When a State of Design issues an AD for a type of aircraft on the Australian Register, the Civil Aviation Safety Authority (CASA) must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements specified by the State of Design.
Entities governed by the Civil Aviation Safety Regulations 1998 must adhere to several obligations and requirements. The State of Design is required to issue ADs when necessary to ensure the continuing airworthiness of an aircraft type and must provide all pertinent information to the State of Registry. The State of Registry, in this case CASA, must assess the ADs issued by the State of Design and determine whether to issue an Australian AD. If an Australian AD is issued, it mandates compliance with the requirements specified by the State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no public consultation is necessary for these directives because they are issued in response to international obligations under the Convention on International Civil Aviation (Annex 8 and Office of Regulatory Review determination).
Breaching the requirements of an AD can result in significant legal consequences. Failure to comply with an AD can be considered an offence under the Civil Aviation Act 1988. For natural persons, the maximum penalty can include fines up to $162,000, imprisonment for up to five years, or both, depending on the severity of the breach (section 19). For bodies corporate, the maximum penalty can be much higher, up to $810,000 for a single offence (section 19). Furthermore, CASA may take enforcement actions against non-compliant aircraft or aeronautical products, which can include grounding the aircraft, prohibiting its operation, or taking other necessary measures to ensure compliance and safety. The penalties and enforcement actions serve as a deterrent against non-compliance and help maintain the high safety standards required in the aviation industry.