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 issued AD 2005-15-10, affecting The New Piper PA 44 type aircraft. The United States is the State of Design for these models. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/PA-44/Amdendment 1 which will become effective on 29 September 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 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, as amended, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. Enacted by the Australian Parliament, this Act addresses the need for comprehensive regulation of civil aviation to maintain high safety standards and ensure the orderly development of air transport services. Among its provisions, the Act empowers the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft, as specified in the Civil Aviation Safety Regulations 1998. These regulations mandate that the Civil Aviation Safety Authority (CASA) can issue ADs in response to identified safety issues, aligning with international standards set forth in the Convention on International Civil Aviation. The policy objective behind the Act is to ensure that Australia's aviation practices meet the highest safety standards, both domestically and in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments that adhere to the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They serve to ensure the continuing airworthiness of aircraft and are consistent with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. The application of these directives is both national and international, given the responsibilities of the State of Design and the State of Registry. For instance, when a State of Design such as the United States issues an AD for a specific aircraft type, CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue a corresponding Australian AD. This ensures that all aircraft within Australian jurisdiction meet the necessary safety standards. Importantly, these directives are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Under the Civil Aviation Act 1988, the Governor-General can make these regulations to enhance the safety of air navigation, and the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to the State of Registry, which must implement requirements to maintain the airworthiness of individual aircraft.
In terms of obligations, the Civil Aviation Safety Regulations 1998 place a duty on CASA to assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA must then issue an equivalent Australian AD to enforce the requirements specified by the State of Design. For example, following the issuance of AD 2005-15-10 by the United States Federal Aviation Administration (FAA) for the new Piper PA 44 aircraft, CASA amended its corresponding Australian AD to AD/PA-44/Amendment 1, which became effective on 29 September 2005. This amendment replaced the previous AD and reflects the obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also establish that ADs, such as the one issued for the Piper PA 44, are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, issued the AD on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the ADs are implemented efficiently and in line with international standards and obligations.
Breaching the requirements of an airworthiness directive can have serious legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may impose penalties for non-compliance with ADs. The maximum penalties for breaches can include fines and imprisonment, depending on the severity of the violation. These penalties are intended to ensure that all parties comply with the ADs to maintain the highest standards of air safety. The specific penalties for non-compliance are detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reflecting the importance of adhering to airworthiness directives to safeguard public safety.