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 2009-0173 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, 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, addresses the need for ensuring the safety of air navigation and the continuing airworthiness of aircraft within Australian airspace. One of the mechanisms through which the Act fulfils its objectives is by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory framework is designed to mandate compliance with safety standards for aircraft and aeronautical products. An airworthiness directive is a legislative instrument that becomes effective following the assessment and, where necessary, endorsement by CASA. These directives ensure that Australian aviation standards align with international safety requirements, particularly under the Convention on International Civil Aviation. The ADs serve as a practical implementation of Australia's commitment to maintaining high safety standards in civil aviation, reflecting both national and international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are regulatory measures aimed at ensuring the safety of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This regulatory power is exercised in the interests of air navigation safety, as stipulated in section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003, and they reflect Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The application of ADs is generally not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international safety directives and to maintain Australia’s obligations under international agreements.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regarding the issuance of airworthiness directives (ADs), are found in sections 98 and 39.001 (subsection 39.001(5)) of the respective statutes. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are significant, particularly for CASA. As the national airworthiness authority, CASA must assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. For example, if the European Aviation Safety Authority (EASA) issues an AD affecting Rockwell Collins TDR-94 and TDR-94D Air Traffic Control Mode S Transponders, CASA must evaluate this information and issue an Australian AD if appropriate. This ensures that all aircraft registered in Australia comply with necessary safety standards. Additionally, the State of Registry of an individual aircraft has the responsibility to ensure the continuing airworthiness of that aircraft, which includes implementing the requirements of any ADs issued.
Failure to comply with the requirements set out in an AD can lead to serious consequences. While the specific offences, penalties, or consequences for breach are not detailed in the provided text, it is clear that non-compliance with ADs is taken very seriously within the framework of civil aviation safety. Typically, violations of airworthiness requirements can result in significant civil or criminal penalties, including fines, suspension or revocation of aircraft certificates, and potential criminal charges against individuals responsible for non-compliance. The severity of these penalties underscores the importance of adhering to ADs to maintain the safety of air navigation.