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 ADs listed in Schedule 1 affecting Hawker Beechcraft Corporation Model 390 aircraft. The United States is the State of Design for this type. CASA has assessed these ADs and has issued Australian AD/PREMIER/1, which will become effective on 17 October 2007.
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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
FAA AD | Issue Date | Title |
2002-19-04 | 4 October 2002 | Inboard Fuel Probe Mounting Brackets |
2003-09-10 | 13 May 2003 | Aft Power Distribution Box |
2004-15-01 | 23 August 2004 | Hydraulic System Assemblies |
2004-25-15 | 18 January 2005 | Main Landing Gear Squat Switch Wiring |
2005-18-22 | 14 November 2005 | Left-hand and Right-hand Engine Assembly Cable |
2005-19-07 | 31 October 2005 | Rudder Pedal Arm Assemblies |
2005-25-07 | 23 January 2006 | Air Conditioning Motor Module |
2006-18-16 | 13 October 2006 | Wing Spigot Bearing Retainer Kit |
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a legal framework for ensuring the safety of civil aviation within Australia. One of the key provisions of this Act is the authority for the Governor-General to make regulations that serve the interests of air navigation safety. In particular, 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, making ADs a legislative instrument under the Acts Interpretation Act 1901. The issuance of ADs by CASA is in line with Australia's obligations under the Convention on International Civil Aviation and is intended to ensure the continuing airworthiness of aircraft registered in Australia, thereby maintaining high safety standards in line with international best practices.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in the interests of ensuring the safety of air navigation. This legislation allows CASA to issue ADs for specified kinds of aircraft or aeronautical products, aligning with the requirements outlined in international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The ADs mandate safety-related requirements to ensure the continuing airworthiness of aircraft registered in Australia, which are issued in response to actions taken by the State of Design or other international obligations. The scope of these regulations applies to all entities and individuals involved in the operation of aircraft within Australia, including aircraft manufacturers, operators, and maintenance service providers, as they are responsible for complying with ADs to ensure aircraft remain airworthy. This legislation has a national jurisdictional reach, as CASA is Australia's national airworthiness authority and is tasked with implementing and enforcing ADs. The application of ADs does not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. Furthermore, ADs may extend or restrict their application through subordinate instruments, ensuring that they remain effective and relevant to the ever-evolving landscape of civil aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (Regulation 39.001). These ADs are regulatory instruments that must comply with the legislative framework, including being subject to disallowance under section 46A of the Acts Interpretation Act 1901 (Regulation 39.001(5)). The issuance of ADs is critical for maintaining the continuing airworthiness of aircraft, a responsibility borne by the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of aircraft registered in Australia, CASA must evaluate and, if necessary, implement Australian ADs in response to directives from the State of Design. This process ensures that Australian aircraft meet international safety standards.
The obligations under the Civil Aviation Safety Regulations 1998 place a significant onus on CASA to assess and act on ADs issued by the State of Design. Specifically, when the United States Federal Aviation Administration (FAA) issues ADs affecting aircraft registered in Australia, such as the Hawker Beechcraft Corporation Model 390 aircraft, CASA is mandated to evaluate these ADs. Upon assessment, if deemed appropriate, CASA issues corresponding Australian ADs to enforce the required safety measures. This process ensures that Australian aircraft maintain their airworthiness in line with international standards. Additionally, under Annex 8, the State of Registry, in this case, Australia, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of registered aircraft.
Failure to comply with an AD can lead to severe consequences. Regulatory breaches may result in civil or criminal penalties, depending on the nature and severity of the non-compliance. Under the Civil Aviation Act 1988, the maximum penalties for non-compliance with airworthiness directives can include substantial fines and, in some cases, imprisonment. The precise penalties depend on the specific breach and the discretion of the court. The enforcement of ADs is critical in maintaining the safety standards of the aviation industry, and CASA ensures compliance through rigorous oversight and enforcement mechanisms.
The issuing of ADs, such as AD/PREMIER/1 for the Hawker Beechcraft Corporation Model 390, is a direct response to international obligations and safety concerns identified by the State of Design. This AD, which becomes effective on 17 October 2007, mandates specific requirements to address identified safety issues. Given that these ADs are issued in compliance with international conventions and in response to directives from the State of Design, no public consultation is required. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.