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.
In 1978 the Federal Aviation Administration in the USA issued AD 78-02-03 for the Piper PA-23-250 aircraft. The USA is the State of Design for the Piper PA-23 aircraft. Most of the requirements of AD 78-02-03 are mandated for Australian aircraft by AD/PA-23/70 and AD/PA-23/73. These ADs have been reviewed and CASA has decided to issue AD/PA-23/92 which will become effective on
12 February 2009 in order to more closely match all the requirements of AD
78-02-03.
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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation by providing a regulatory framework for civil aviation activities in Australia. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments made under the Civil Aviation Safety Regulations 1998, designed to mandate specific requirements for maintaining the airworthiness of aircraft and aeronautical products. The Civil Aviation Act 1988 empowers CASA to issue these directives to align with international standards and ensure consistent safety measures across the aviation industry. The objective is to maintain a high standard of safety in air navigation by ensuring that aircraft and products meet necessary safety requirements as set out by the relevant State of Design and in accordance with international conventions such as the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to all aircraft and aeronautical products within Australia, establishing a framework for ensuring their airworthiness and safety. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs, which serve as legislative instruments, are designed to maintain and enhance the safety standards of aviation in alignment with international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The Act ensures that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement the necessary measures to ensure compliance with the ADs issued by the State of Design. Exemptions or exclusions from the ADs are not typically considered due to the mandatory nature of these directives, which are issued in response to international obligations and requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to establish regulations for the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Obligations and requirements under these provisions include the State of Design’s responsibility for ensuring the continuing airworthiness of an aircraft type, which involves providing necessary information to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry must then develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its territory. For aircraft registered in Australia, CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the design state's requirements.
There are significant consequences for non-compliance with ADs. While the Civil Aviation Safety Regulations 1998 do not explicitly detail offences, penalties, or consequences for breach, non-compliance with ADs generally results in civil penalties, including fines, and potentially criminal charges if the non-compliance leads to safety hazards or accidents. CASA enforces compliance through inspections and audits, and severe breaches may result in the grounding of non-compliant aircraft, suspension of airworthiness certificates, or other regulatory actions deemed necessary to ensure safety.
This legislative framework ensures that aircraft operating within Australia meet stringent safety standards, aligning with international conventions and obligations. By issuing ADs, CASA maintains the safety and airworthiness of Australian-registered aircraft, in accordance with the regulatory obligations under the Civil Aviation Act 1988 and related safety regulations.