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.
CASA has raised AD/RAD/47 Amendment 2 to correct an unsafe situation on Air Traffic Control Transponders. The maintenance checks currently mandated by AD/RAD/47 Amdt 1 do not require testing of the pulse shape and relative amplitudes of the reply pulse train and, as a consequence, the transponders may or may not be within acceptable tolerance limits. The introduction of new generation Mode S transponders by Airservices Australia has identified this issue as having a potential safety impact. AD/RAD/47 Amdt 2 becomes effective on 10 January 2011. This AD cancels and replaces the previous issue.
CASA has consulted with the Australian industry and public with the issue of Notice of Proposed Rule Making 1001OS in March 2010. Comments were received and, after review, the Notice of Final Rule Making was published 22 December 2010.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia. This Act provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to address safety concerns. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of the safety of air navigation, which includes the implementation of ADs as specified in the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in the Legislative Instruments Act 2003, and are essential for ensuring the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This legislative framework ensures that Australia complies with international standards set by the Convention on International Civil Aviation and maintains high safety standards in its civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs), which serve as a crucial mechanism for maintaining safety standards. ADs are applicable to specific types of aircraft or aeronautical products, and they mandate compliance with specified safety requirements. Notably, ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs extends to ensuring that the State of Registry meets its obligations under international agreements, such as Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities for continuing airworthiness. AD/RAD/47 Amendment 2, issued by CASA, exemplifies this regulatory approach by addressing an unsafe situation with Air Traffic Control Transponders, requiring specific maintenance checks to ensure safety standards are met. The amendment became effective on 10 January 2011, replacing the previous directive, and was developed following consultation with the industry and public, as mandated by the Notice of Proposed Rule Making 1001OS. The process of issuing ADs does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This provision ensures that these directives serve to maintain and enhance the safety standards within the aviation sector (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). An AD, as per subregulation 39.001(5), is classified as a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998, subreg 39.001(5); Legislative Instruments Act 2003, s 6).
The obligations imposed by these regulations necessitate that the State of Design provide any necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must implement or adopt requirements to ensure the same for individual aircraft within its jurisdiction (Annex 8 to the Convention on International Civil Aviation). When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the safety requirements specified by the State of Design (Civil Aviation Safety Regulations 1998, reg 39.001; Annex 8 to the Convention on International Civil Aviation).
In the specific case of AD/RAD/47 Amendment 2, CASA has identified an unsafe situation concerning Air Traffic Control Transponders, which may not comply with acceptable tolerance limits due to inadequate testing procedures in the previous maintenance checks (AD/RAD/47 Amdt 1). This amendment aims to rectify this issue by mandating more stringent testing requirements for the pulse shape and relative amplitudes of the reply pulse train (AD/RAD/47 Amdt 2). The introduction of this amendment is effective from 10 January 2011, and it cancels and replaces the previous issue (AD/RAD/47 Amdt 1). CASA consulted with the industry and the public through the issuance of Notice of Proposed Rule Making 1001OS in March 2010, followed by the publication of the Notice of Final Rule Making on 22 December 2010, after reviewing the comments received (Civil Aviation Safety Regulations 1998, reg 39.001; AD/RAD/47 Amdt 2). The Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement, streamlining the legislative process for such amendments (Office of Regulatory Review).
Failure to comply with the requirements set forth in an AD may result in significant civil and criminal consequences. CASA, as the enforcement body, has the authority to impose penalties for non-compliance, which can include fines or other sanctions. The specific penalties vary depending on the nature and severity of the breach but are intended to ensure that all parties adhere to the safety standards mandated by the ADs. These provisions underscore the importance of compliance to maintain the highest standards of aviation safety (Civil Aviation Safety Regulations 1998, reg 39.001).