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 has issued AD 2006-16-18 R1 affecting Sandel Avionics Inc. model ST3400 Terrain Awareness Warning System/Radio Magnetic Indicators. The United States is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/RAD/85, Amendment 1, which will become effective on 31 July 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under the authority conferred by section 98 of this Act, the Governor-General has the power to make regulations, such as the Civil Aviation Safety Regulations 1998, to further the safety of air navigation. One of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance and are integral to ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. This legislative framework allows CASA to respond to directives issued by the State of Design and mandates the requirements of these directives for aircraft registered in Australia, thereby maintaining the high safety standards expected in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are essential for ensuring the continuing airworthiness of aircraft and aeronautical products registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue these directives for specific types of aircraft or aeronautical products, thereby imposing legal obligations on the relevant entities. This legislative framework is designed to comply with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the ongoing airworthiness of aircraft types, and the State of Registry must implement these directives for individual aircraft within its jurisdiction. The issuance of ADs is a critical process, particularly when responding to directives from the State of Design, such as the United States in this case, ensuring that Australian aviation standards align with international safety requirements. Although this specific AD was issued without public consultation due to its international regulatory nature, it is subject to disallowance under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The main sections pertinent to the issuance of airworthiness directives under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001, which specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The regulations also require CASA to ensure the continuing airworthiness of aircraft on the Australian Register by issuing corresponding Australian airworthiness directives when notified by the State of Design of a new directive.
Under the Civil Aviation Safety Regulations 1998, CASA is obligated to evaluate any airworthiness directives issued by the State of Design that affect aircraft registered in Australia. This evaluation must be thorough to ensure that all necessary safety measures are met. Once CASA deems an airworthiness directive necessary, it must issue an Australian equivalent, thereby mandating compliance with the specified requirements. The State of Registry, in this case, CASA, must ensure that the continuing airworthiness of the aircraft is maintained through such measures. The obligation extends to assessing the need for and issuing an Australian airworthiness directive in response to any international directive issued by the State of Design.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence. The specific penalties for such offences can vary, but they may include fines and imprisonment, depending on the severity of the breach and the specific regulations in place. The Civil Aviation Safety Regulations 1998 provide for stringent enforcement measures to ensure adherence to these directives, thereby safeguarding the safety of air navigation. The maximum penalties for non-compliance can be substantial, reflecting the critical nature of airworthiness directives in maintaining aviation safety standards.