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 2009-0097 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, which will become effective on 26 March 2010.
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, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within Australia and its territories. This Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were established, which in turn empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These directives are critical in harmonising Australia’s aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation. In the case of AD 2009-0097 issued by the European Aviation Safety Authority (EASA) concerning Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders, CASA assessed and subsequently issued Australian AD/RAD/91, reflecting the collaborative nature of international aviation safety regulation. This approach ensures that Australian aircraft meet international safety standards while addressing any identified safety issues effectively.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft and aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments, apply to the State of Registry of an aircraft within Australia, which is responsible for the continuing airworthiness of each individual aircraft. This regulatory framework is in line with the Convention on International Civil Aviation, under which the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types and must share necessary information with the States of Registry, including Australia. In practice, this means that when the European Aviation Safety Authority (EASA) issues an AD for a specific type of aircraft, CASA must assess this directive and, if necessary, issue an Australian AD to mandate the requirements for aircraft registered in Australia. This process was followed for the EASA AD 2009-0097 concerning Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders, leading to the issuance of Australian AD/RAD/91 by CASA, effective from 26 March 2010. Given that these directives are issued in response to international obligations and existing ADs from the State of Design, there is no requirement for public consultation or a Regulatory Impact Statement under Australian law.
Key Provisions
The main operative sections of this legislation are found in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 (authorising the Governor-General to make regulations for the safety of air navigation) and regulation 39.001 (authorising CASA to issue airworthiness directives for kinds of aircraft or aeronautical products). Subregulation 39.001(5) clarifies that an airworthiness directive is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that CASA, as Australia’s national airworthiness authority, has the power to issue directives to ensure the continuing airworthiness of aircraft.
The obligations and requirements imposed by this Act include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of an aircraft type to appropriate States of Registry, such as Australia. The State of Registry, in this case CASA, must assess this information and, if appropriate, issue its own airworthiness directive. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft through the development or adoption of requirements. When the European Aviation Safety Authority (EASA) issues an airworthiness directive for Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders, CASA must assess this directive and, if necessary, issue an Australian airworthiness directive to mandate the requirements of EASA.
Failure to comply with an airworthiness directive may result in various civil or criminal consequences, depending on the severity of the breach. The maximum penalties for non-compliance are not explicitly stated in this legislation, but generally, non-compliance with airworthiness directives can lead to fines, aircraft grounding, or even criminal charges. Given the importance of airworthiness directives in ensuring the safety of air navigation, strict adherence to these directives is crucial for all parties involved.