CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 has issued AD 2004-14-12 affecting Piper PA-34 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PA-34/52, Amendment 1, which will become effective on 17 March 2005. 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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to ensure the safety and efficiency of civil aviation within Australia. The Act authorises the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft, in line with the obligations Australia has under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft operating in Australia meet the necessary safety standards, thereby protecting public safety and facilitating international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international standards for the safety of air navigation. Specifically, the Act authorises the Governor-General to make regulations that facilitate the issuance of ADs by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, thereby imposing mandatory requirements for maintaining airworthiness. This legislative framework aligns with international obligations under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, when necessary, issues corresponding Australian ADs to ensure compliance with international safety standards. The process of issuing ADs, including the assessment and implementation of ADs from other states, does not require public consultation or a Regulatory Impact Statement, reflecting the critical and urgent nature of airworthiness directives in maintaining aviation safety.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to the issue of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 allows the Governor-General to make regulations for the purposes of the Act, while section 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments in their own right.
The Act and the Regulations impose several obligations on the parties involved. The State of Design, in this case, the United States of America (USA), has the responsibility to ensure the continuing airworthiness of the aircraft type in question. This entails providing necessary information to ensure that the aircraft meets airworthiness standards. The State of Registry, here being Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce these requirements.
Failing to comply with an AD can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to issue such directives, and non-compliance can lead to enforcement actions. The Civil Aviation Safety Regulations 1998 further specify the obligations to comply with ADs. Although the text does not specify criminal or civil penalties for non-compliance with ADs, it is clear that failing to adhere to these directives can result in significant safety risks, leading to potential grounding of aircraft or other enforcement measures by CASA. The safety implications alone underscore the importance of strict compliance.