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 United States FAA has issued AD 2005-19-20 affecting Piper PA-28 series aeroplanes. The United States is the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/PA-28/97, which will become effective on 22 December 2005.
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, enacted by the Parliament of Australia, was introduced to provide a comprehensive legislative framework for civil aviation activities within Australia, ensuring the safety and efficiency of air navigation and operations. The Act authorises the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing operational requirements and procedures. One significant regulation under this Act is the issuance of airworthiness directives (ADs), which are legislative instruments used to mandate safety requirements for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards set forth in the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, plays a key role in assessing and issuing ADs when necessary, in alignment with international obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 allows CASA to issue ADs for particular types of aircraft or aeronautical products, which are considered disallowable instruments under the Acts Interpretation Act 1901. These directives are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. In cases where the State of Design issues an AD, such as the United States FAA's AD 2005-19-20 for Piper PA-28 series aeroplanes, CASA must assess and, if necessary, issue a corresponding Australian AD, such as AD/PA-28/97. This process ensures that Australia's obligations under international aviation conventions are met, and it is conducted without public consultation as determined by the Office of Regulatory Review, which also found that such directives do not require a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, within CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations allows CASA to issue ADs for certain types of aircraft or aeronautical products. According to section 39.001(5) of the Regulations, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The ADs are a crucial part of continuing airworthiness information as mandated by Annex 8 to the Convention on International Civil Aviation.
In terms of obligations, the State of Design, such as the United States for Piper PA-28 series aeroplanes, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to the States of Registry to ensure the continuing airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess any ADs issued by the State of Design and, if deemed appropriate, issue an Australian AD to mandate the requirements. The State of Registry, in this case, Australia, must then ensure the continuing airworthiness of the specific aircraft in accordance with the AD.
Failure to comply with an AD can lead to significant consequences. If an aircraft does not meet the requirements outlined in an AD, it may be deemed unairworthy, which can result in the grounding of the aircraft. This could prevent the operator from conducting flights, potentially leading to civil penalties under the Civil Aviation Act 1988, such as fines. Additionally, operators who fail to comply with ADs could face criminal charges, including imprisonment, if their actions result in the endangerment of flight safety. The exact penalties for breaches are determined by the specific provisions of the Civil Aviation Act 1988 and can vary based on the severity of the offence.