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 94-01-04 affecting AlliedSignal TPA-81A 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/57. 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, establishes the framework for civil aviation in Australia and addresses the need for safety regulations in air navigation. The Act empowers the Governor-General to make regulations, including those for the safety of air navigation, and under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established. These regulations provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary. This legislative framework ensures that safety standards are consistently applied and maintained in the Australian civil aviation sector.
Scope and Application
The Civil Aviation (Airworthiness Directive) Regulations 2006, under the Civil Aviation Act 1988, apply to any person, entity, or industry involved in the operation or maintenance of aircraft registered in Australia, as well as to aeronautical products and services within Australia’s jurisdiction. The regulations specifically target the maintenance of airworthiness standards for aircraft and aeronautical products, ensuring they meet safety requirements as per international conventions and Australian regulations. Geographically, these regulations extend to all aircraft and aeronautical products within Australian territory, irrespective of the nationality of the aircraft or the location of the operator. Any exclusions or exemptions from these regulations would be clearly defined within the subordinate instruments or through specific provisions within the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. The regulations may also be amended or extended through subordinate instruments to address emerging safety concerns or technological advancements in aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (s. 39.001(1)). This regulatory power is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for the safety of air navigation (s. 98). These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003 (s. 39.001(5)). Essentially, ADs serve as a mechanism for CASA to ensure the safety and airworthiness of aircraft in the Australian Register, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation.
Entities and individuals governed by these regulations are obliged to adhere to the mandates set out in ADs. The State of Design, responsible for the type of aircraft, must provide necessary information to ensure continuing airworthiness, while the State of Registry, such as CASA in Australia, must develop or adopt requirements to maintain airworthiness (Annex 8). When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements (Annex 8). This ensures that the Australian Register maintains compliance with international standards and that all aircraft operate within safe parameters.
Failure to comply with the mandates set out in ADs can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, non-compliance generally results in safety risks and potential legal repercussions. The severity of these consequences can include fines, suspension or revocation of airworthiness certificates, and other regulatory actions that ensure adherence to safety standards. The regulatory framework is designed to maintain high safety standards, and any breach can have serious implications for both operators and manufacturers.
An example of an AD cancellation is the one involving the AlliedSignal TPA-81A Traffic Alert and Collision Avoidance Systems, which was addressed by the United States Federal Aviation Administration (FAA) with AD 94-01-04 in 1994 (AD/RAD/57). CASA reassessed this AD and subsequently cancelled Australian AD/RAD/57, effective from 28 September 2006. This cancellation was due to the original unsafe condition being corrected by regulation 262AC of the Civil Aviation Regulations 1988, thus no replacement AD was necessary (AD/RAD/57). This case underscores the importance of international coordination in maintaining airworthiness standards and the role of CASA in implementing and enforcing these standards in Australia.