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 2010-0067 affecting Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders. EASA is regarded as the State of Design for these transponders having issued Technical Standard Order (TSO) Authorisations for the transponders under European TSO ETSO-2C112b. CASA has assessed this AD and has issued Australian AD/RAD/91 Amendment 1, which will become effective on 10 May 2010. 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 Continuing Airworthiness in the Airworthiness and 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 for the regulation of civil aviation within Australia, ensuring that it is conducted in a safe and efficient manner. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. This regulatory framework was introduced to address the need for consistent and internationally recognised standards in maintaining the airworthiness of aircraft, ensuring public safety and compliance with international aviation agreements such as the Convention on International Civil Aviation. The ADs serve as a mechanism to mandate specific requirements for aircraft maintenance and operation, thus safeguarding the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of 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. These directives serve as legislative instruments, mandated by the overarching responsibility of the State of Design to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is represented by CASA, must then adopt and enforce these ADs to maintain the safety standards of aircraft registered in Australia. The issuance of ADs is critical for ICAO Contracting States, including Australia, to comply with international airworthiness standards and ensure uniformity in safety practices. In the case of the European Aviation Safety Authority's AD 2010-0067 concerning Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders, CASA has issued an Australian AD to align with these international directives, reflecting Australia's commitment to international civil aviation safety standards. This process underscores the jurisdictional and geographic reach of the ADs, which apply nationally to all relevant aircraft and aeronautical products within Australia's registered fleet.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. An AD is a legislative instrument that holds the force of law (section 39.001(5), Civil Aviation Safety Regulations 1998). This means that when CASA issues an AD, it is exercising statutory authority under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 to ensure that specific types of aircraft or aeronautical products meet the required safety standards. An example of this is AD/RAD/91 Amendment 1, issued by CASA in response to EASA’s AD 2010-0067 concerning Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders.
The obligations imposed by the ADs are primarily on the operators of the affected aircraft or aeronautical products. Operators must comply with the directives by implementing the specified actions or modifications within the timeframes set out in the AD. For example, AD/RAD/91 Amendment 1 will require operators to adhere to the measures detailed in the directive to ensure the continued safe operation of the Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders. CASA’s role is to monitor compliance and enforce the ADs to maintain the highest safety standards in the Australian aviation industry.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. Operators who fail to comply with the requirements of an AD can face civil penalties, which may include fines up to the statutory maximum. In more severe cases, CASA can take action to suspend or revoke the aircraft’s certificate of airworthiness, effectively grounding the aircraft until the required compliance is achieved. Additionally, the operator may be subject to criminal prosecution, which could result in further penalties including imprisonment, depending on the severity of the non-compliance and any resulting harm. The rigorous enforcement of ADs is essential to uphold the safety and integrity of the aviation industry.