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 2009-0173R1 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/92 Amendment 1, which will become effective on
25 October 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, enacted by the Australian Parliament, was introduced to ensure the safety and efficiency of air navigation and civil aviation within Australia. It provides the legal framework for the regulation of civil aviation activities, including the issuance of airworthiness directives to maintain the safety and airworthiness of aircraft. The Act empowers the Governor-General to make regulations that support the objectives of the Act, with a primary focus on ensuring the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments that reflect Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide information to ensure the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is responsible for assessing this information and issuing corresponding Australian airworthiness directives when necessary.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These regulations apply to all entities and individuals operating aircraft within Australia, ensuring adherence to airworthiness standards set by CASA, Australia’s national airworthiness authority. The scope of these regulations extends to mandating compliance with airworthiness directives issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders. The issuance of Australian ADs, such as AD/RAD/92 Amendment 1, is governed by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and Registry in maintaining aircraft airworthiness. The regulations also provide that ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Notably, these directives do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the necessity for swift compliance in aviation safety matters.
Key Provisions
The main operative sections of this legislation revolve around the issuance and implementation of airworthiness directives (ADs) as stipulated in section 98 of the Civil Aviation Act 1988 (section 98) and regulation 39.001 of the Civil Aviation Safety Regulations 1998 (regulation 39.001). Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specified types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). The issuance of ADs is rooted in the international obligation under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure the continuing airworthiness of aircraft types and provide necessary information to States of Registry.
The obligations imposed by the Act and Regulations on the relevant parties are substantial. The State of Design, in this case, the European Aviation Safety Authority (EASA), has the responsibility to issue ADs for specific types of aircraft or aeronautical products based on safety considerations. Under this particular directive, EASA has issued AD 2009-0173R1, which CASA has assessed and subsequently issued as Australian AD/RAD/92 Amendment 1. This requirement ensures that all aircraft registered in Australia comply with internationally recognised safety standards. The State of Registry, in this context, CASA, must assess the ADs issued by the State of Design and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of the aircraft within Australia. Furthermore, CASA must ensure that these ADs are effectively communicated to relevant stakeholders, such as aircraft owners and operators.
Failure to comply with the ADs can lead to serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for enforcing compliance with ADs. Any breaches of these directives can result in both civil and criminal penalties. Under the Civil Aviation Act, non-compliance may lead to enforcement actions by CASA, which could include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. Additionally, there may be criminal penalties for wilful non-compliance, which could result in substantial fines and imprisonment, depending on the severity of the breach. The exact penalties are determined by the specific provisions of the Act and are subject to judicial interpretation and discretion.