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 93-04-02, affecting Rockwell Collins model
TDR-94D aircraft transponders, in 1993. The United States is the State of Design for this equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to add a part number. The amended AD, AD/RAD/51 Amendment 1, will become effective on 25 September 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, 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 designed to provide a comprehensive legal framework for the regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. One of its key provisions is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical in maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on the mechanisms for issuing these directives, recognising them as legislative instruments under the Acts Interpretation Act 1901. This legislative approach ensures that Australia adheres to international standards as set out in the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry. The issuance of airworthiness directives, such as AD/RAD/51 Amendment 1, reflects Australia's commitment to international safety standards while also addressing specific issues identified by the relevant State of Design, in this case, the United States. This AD was made without public consultation, as it is a direct response to international obligations and industry requests.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuing of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then implement these directives to mandate the required safety measures for aircraft registered in Australia. Exemptions and thresholds are determined by the specific circumstances of each AD, which are tailored to address identified safety issues. While ADs generally do not require public consultation or a Regulatory Impact Statement, they are critical in maintaining the safety standards of the Australian aviation industry in alignment with international obligations.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, as relevant to the issuance of an airworthiness directive (AD), are found in regulation 39.001 (subsection 5). This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft, which is crucial for safety. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are in line with international obligations under Annex 8 of the Convention on International Civil Aviation.
In terms of obligations and requirements, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant responsibilities on CASA. These include the obligation to assess information from the State of Design and to issue corresponding Australian ADs if necessary. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. This ensures that all aircraft, regardless of where they are registered, meet international safety standards. CASA must act swiftly and efficiently in issuing ADs when required to maintain the high safety standards expected in aviation.
The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for non-compliance with ADs within the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, the issuance of ADs is critical for maintaining airworthiness and safety. Non-compliance with an AD could lead to severe consequences, including potential legal action, penalties under other aviation laws, or even grounding of the aircraft. The overarching goal is to ensure that all aircraft meet the safety standards set by international and domestic regulations, thereby protecting passengers, crew, and the general public from potential hazards.