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, the Civil Aviation Safety Authority (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.
CASA and its predecessors issued AD/PA-23/60 Amdt 1 specifying replacement of components, or alternatively a periodic inspection of those components, in Piper
PA-23 aircraft. AD/PA-23/60 Amdt 1 is intended to match AD 74-13-03 issued for the Piper PA-23 in the USA, the State of Design of the Piper PA-23. CASA has reviewed AD/PA-23/60 Amdt 1 and has decided to amend it to more closely match AD 74-3-03. The amendment, AD/PA-23/60 Amdt 2, will become effective on
12 February 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, 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 within Australia. It empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory mechanisms. One such mechanism is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to maintain the continuing airworthiness of aircraft. These ADs align with international standards set by the Convention on International Civil Aviation, particularly ensuring that Australia meets its obligations under Annex 8, which mandates that the State of Design provides necessary information to the State of Registry for maintaining aircraft airworthiness. The ADs issued by CASA reflect the requirements of the relevant State of Design and are intended to harmonise with international directives, such as the AD 74-13-03 issued for the Piper PA-23 by the USA, the State of Design for that aircraft type. This legislative framework ensures that Australian aviation standards are consistent with global practices, thereby enhancing safety and regulatory coherence in the aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This authority is derived from the Civil Aviation Act 1988, allowing the Governor-General to make regulations in the interests of air navigation safety. These ADs, as legislative instruments, align with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type. Consequently, CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when the State of Design issues directives for aircraft registered in Australia. The ADs are mandatory and apply to the operators of the specified aircraft, ensuring compliance with international safety standards. The ADs do not generally require public consultation or a Regulatory Impact Statement, as they are developed in response to international obligations and directives from the aircraft’s State of Design.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (C1998L02171) concerning airworthiness directives (ADs) include regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (s 39.001). This regulation is underpinned by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make such regulations for the safety of air navigation. Further, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These provisions collectively ensure that ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types registered in Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the ADs are multifaceted. Primarily, CASA, as the national airworthiness authority, must assess information provided by the State of Design concerning any airworthiness issues and, if necessary, issue corresponding ADs for aircraft registered in Australia. This process ensures that the safety standards set forth by the State of Design are implemented and adhered to in Australia. Additionally, the State of Registry of an individual aircraft has the responsibility to ensure the continuing airworthiness of that aircraft, which includes complying with any ADs issued by CASA. Failure to comply with these requirements could result in the aircraft being deemed unairworthy, potentially leading to severe safety implications.
In terms of consequences, breaches of the ADs can result in both civil and criminal penalties. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for a range of sanctions for non-compliance with ADs. For instance, operating an aircraft in contravention of an AD can lead to penalties under the Act, including fines and potential imprisonment. Specifically, section 57 of the Act imposes a maximum penalty of $121,500 for individuals and $607,500 for corporations for operating an aircraft that does not comply with an AD. Furthermore, CASA has the authority to issue enforcement notices, suspend or revoke airworthiness certificates, and take other regulatory actions to ensure compliance. These measures underscore the seriousness with which the legislation treats non-compliance with ADs, highlighting the critical importance of adhering to these safety directives.