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 FAA issued an alternate method of compliance, affecting BF Goodrich Avionics Systems Inc Skywatch SKY497. 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 include the changes. The amended AD, AD/RAD/64 Amendment 1, will become effective on 21 December 2006. 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 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 was enacted to provide a comprehensive regulatory framework for civil aviation in Australia, addressing the need for ensuring the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen under section 98. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, further specify the regulatory requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for kinds of aircraft or aeronautical products. These regulations are designed to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia meets its obligations in maintaining global aviation safety standards. The ADs are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to mandate the continuing airworthiness of aircraft and aeronautical products, ensuring that any safety issues identified by the State of Design are effectively communicated and enforced within Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are intended to ensure the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring that aircraft meet necessary safety standards, including implementing ADs issued by the State of Design. This particular AD, AD/RAD/64 Amendment 1, pertains to the BF Goodrich Avionics Systems Inc Skywatch SKY497, responding to an alternate method of compliance issued by the Federal Aviation Administration of the United States, the State of Design for this equipment. The AD cancels and replaces the previous issue and was made by CASA in accordance with the Act without public consultation, as it is driven by Australia's international obligations and the requirements of the State of Design.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation, in line with the overarching mandate of the Civil Aviation Act 1988 (section 98). These ADs are legislative instruments, as provided by subregulation 39.001(5) and confirmed by section 6 of the Legislative Instruments Act 2003. The ADs are designed to align with Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and mandates the provision of necessary information to States of Registry.
The obligations imposed by the Act and the Regulations are significant. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and providing requisite information to States of Registry. Conversely, the State of Registry, such as CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA is required to assess this information and, if appropriate, issue a corresponding Australian AD to enforce the necessary requirements. This process ensures that all aircraft, irrespective of their country of origin, meet stringent safety standards when operated within Australia.
Failure to comply with the airworthiness directives can result in severe consequences. The Act and Regulations do not explicitly detail the specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the overarching legislation under which CASA operates, including the Civil Aviation Act 1988, typically includes provisions for enforcement actions, which can range from fines to more severe penalties, depending on the nature and severity of the breach. Such enforcement actions are intended to maintain the high safety standards integral to civil aviation.