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 Authority (EASA) has issued AD 2008-0183 affecting Funkwerk Avionics GmbH TRT800A and TRT800H model transponders. The EASA acts on behalf of Germany, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/RAD/89, which will become effective on
7 May 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for the regulation of civil aviation in Australia, focusing primarily on safety and efficiency. It empowers the Governor-General to create regulations for the Act's purposes, ensuring the safety of air navigation. One of the key regulatory tools introduced by the Act is the issuance of airworthiness directives, which are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, issued to ensure that aircraft and aeronautical products meet safety standards. The Civil Aviation Safety Authority (CASA) issues these directives to maintain the continuing airworthiness of aircraft registered in Australia, adhering to the standards set forth by the State of Design and the Convention on International Civil Aviation.
In accordance with Australia's international obligations and the requirements of the Convention on International Civil Aviation, CASA has issued Australian AD/RAD/89 in response to EASA's AD 2008-0183 concerning Funkwerk Avionics GmbH TRT800A and TRT800H model transponders. This directive, effective from 7 May 2009, was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in compliance with the Civil Aviation Act 1988. Given the international nature of the directive and the direct response to the State of Design's requirements, no public consultation was necessary, and the Office of Best Practice Regulation has determined that no Regulatory Impact Statement is required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. The geographic reach of these directives is national, applying to all aircraft registered in Australia, and aligns with international standards set forth by the Convention on International Civil Aviation. These ADs are legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to mandate safety requirements as determined by the relevant State of Design, with CASA acting as Australia's national airworthiness authority to implement and enforce these mandates. Exemptions and exclusions from these ADs are not specified within this particular directive, but they may be subject to further regulatory scrutiny and interpretation. The application of these ADs extends through subordinate instruments, allowing CASA to adapt and refine safety measures in response to international directives and domestic safety needs.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation (Safety) Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001. These directives are issued to maintain the airworthiness of specific types of aircraft or aeronautical products. Section 98 of the Act allows the Governor-General to make these regulations for the safety of air navigation. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The ADs serve to ensure the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for the airworthiness of aircraft types. This responsibility includes providing necessary information to the State of Registry to maintain airworthiness. The State of Registry, in this case CASA, is mandated to adopt or develop requirements ensuring the continuing airworthiness of the aircraft registered within Australia. When a State of Design, such as Germany through EASA, issues an AD, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the requirements stipulated by the State of Design.
The ADs are issued without public consultation as they arise from Australia's obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The specific AD in question, AD/RAD/89, was issued by CASA, as per subsection 84A(2) of the Act, to address issues with Funkwerk Avionics GmbH TRT800A and TRT800H model transponders. This AD, a response to EASA’s AD 2008-0183, became effective on 7 May 2009.
There are no specific obligations or requirements outlined in the provided text regarding the obligations imposed by the Act on the parties involved. However, the general obligation is for CASA to assess and, if necessary, mandate Australian ADs to ensure compliance with international standards and maintain airworthiness. In terms of consequences for breaches, the text does not detail specific offences, penalties, or civil/criminal consequences. However, given the legislative nature of ADs, non-compliance could potentially lead to enforcement actions, including fines or other regulatory sanctions as prescribed by relevant aviation safety laws.