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 94-01-06 affecting Rockwell Collins TTR-920 Traffic Alert and Collision Avoidance Systems in 1994. The United States is the State of Design for this equipment. CASA has reassessed this AD and as a result has cancelled Australian AD/RAD/55. The cancellation will become effective on 28 September 2006. No replacement AD is required, as the original unsafe condition has been corrected by regulation 262AC of the Civil Aviation Regulations 1988.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Australian Parliament, governs matters related to the safety of air navigation and civil aviation. One of its key provisions is the issuance of airworthiness directives (ADs) to ensure the safety and continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. The objective of this legislative framework is to ensure that aircraft maintain a standard of airworthiness that meets international safety standards and to respond effectively to safety concerns as they arise. The recent amendment to the AD concerning Rockwell Collins TTR-920 Traffic Alert and Collision Avoidance Systems, which involved the cancellation of Australian AD/RAD/55, underscores the ongoing commitment to harmonising Australian regulations with international standards and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in the interests of ensuring the safety of air navigation and is applicable to all aircraft registered in Australia and any aeronautical products used within the country. The issuance of ADs by CASA is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and oversight through the Legislative Instruments Act 2003. The scope of these regulations is international, adhering to the obligations under Annex 8 of the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness with the State of Design and requires States of Registry to ensure compliance with ADs. The cancellation of an AD, such as AD/RAD/55 concerning the Rockwell Collins TTR-920 Traffic Alert and Collision Avoidance Systems, is determined by CASA following reassessment of information from the State of Design and does not require public consultation or a Regulatory Impact Statement. This process reflects Australia’s commitment to international safety standards and the effective management of airworthiness in domestic aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft, which is mandated under Annex 8 to the Convention on International Civil Aviation. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, therefore, a legislative instrument under the Legislative Instruments Act 2003. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure that aircraft remain airworthy. The State of Registry, in this case CASA, has a corresponding responsibility to develop or adopt requirements to ensure that individual aircraft maintain their airworthiness.
Entities governed by these regulations are required to adhere to the directives issued by CASA. This includes ensuring compliance with any ADs that pertain to their aircraft or aeronautical products. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This is particularly important when a State of Design, such as the United States Federal Aviation Administration (FAA), issues an AD that affects aircraft registered in Australia. In such cases, CASA must evaluate the AD and decide whether to issue a corresponding Australian AD.
Failure to comply with ADs can result in significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, the overarching framework of the Civil Aviation Act 1988 provides a basis for enforcement. Non-compliance could potentially lead to actions under the Act, which might include administrative penalties, fines, or other legal actions. The safety and integrity of air navigation are paramount, and any breach of ADs could have serious ramifications, including potential grounding of aircraft and other enforcement measures taken by CASA.