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 European Aviation Safety Agency has issued AD 2005-0021 affecting Honeywell RCZ-83( ) and RCZ-85( ) model communication units. A design deficiency in the units causes the associated air traffic control transponder to revert to standby mode, thus causing the operation of airborne collision avoidance systems to be compromised. The State of Design for this equipment, the United States, has not yet taken action to correct this unsafe condition. As there may be some examples of this equipment on Australian registered aeroplanes, CASA has developed AD/RAD/84 to require both the urgent amendment of the aircraft flight manual and the correction of the problem on Australian aircraft. AD/RAD/84 will become effective on 5 August 2005.
CASA has not consulted with the Australian industry and public due to the urgency of the action.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the General Manager, 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 framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under the authority conferred by section 98 of the Act, the Governor-General has the power to make regulations necessary for the purposes of the Act, with safety of air navigation being a central consideration. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments subject to disallowance. These directives are integral to maintaining the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing airworthiness directives when necessary, ensuring compliance with both national and international safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to 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 to ensure the safety of air navigation. These directives are legislative instruments and are subject to disallowance. The State of Design for a type of aircraft has the primary responsibility for ensuring its continuing airworthiness, and it must provide necessary information to States of Registry, such as Australia, to maintain safety standards. In cases where a design deficiency is identified, CASA, as Australia’s national airworthiness authority, evaluates the information and may issue an Australian AD to enforce the safety requirements. The application of ADs extends to any aircraft registered in Australia that may be affected by the deficiencies identified by the State of Design, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance of ADs does not require consultation with the industry or public if immediate action is necessary, and they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued. Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations on CASA include the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as the United States in the case of the Honeywell RCZ-83 and RCZ-85 model communication units, CASA must assess this information and, if necessary, issue an Australian AD to ensure compliance. This involves mandating specific requirements that address identified safety issues, such as the urgent amendment of aircraft flight manuals and the correction of identified deficiencies to ensure operational safety.
Non-compliance with an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to civil penalties, including fines up to a maximum of $105,000 for individuals and $525,000 for corporations. Additionally, CASA can take enforcement actions such as grounding the aircraft until the required compliance measures are implemented. In severe cases, persistent non-compliance may also lead to criminal charges, with potential imprisonment for individuals involved, depending on the gravity of the breach and its impact on aviation safety.