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 Civil Aviation Safety Authority or its predecessors issued AD/REC/1 affecting all Cockpit Voice Recorders (CVR). AD/REC/1 has been amended to Amendment 1 to make editorial changes to remove reference to obsolete terms of Air Navigation Order (ANO) and Air Navigation Regulation (ANR). This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the extent of Amendment is limited to editorial changes only and no new requirements have been imposed on the Australian industry.
The Office of Regulatory Review 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, enacted by the Australian Parliament, was introduced to ensure the safety and regulation of civil aviation within Australia. In line with this overarching objective, the Act empowers the Governor-General to establish regulations for the Act's purposes and the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, which are subsidiary legislation under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 thus provides a framework for the continuous airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and the State of Registry for ensuring the safety of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of 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, thereby ensuring compliance with safety standards that contribute to the safety of air navigation. These ADs, as defined in subregulation 39.001(5), are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these regulations extends to the State of Registry of individual aircraft, which is responsible for ensuring the continuing airworthiness of those aircraft, and to the State of Design, which must provide necessary information for maintaining airworthiness as per Annex 8 to the Convention on International Civil Aviation. Consequently, when an AD is issued by a State of Design concerning a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. The scope of these regulations encompasses all aircraft and aeronautical products within the Australian jurisdiction, ensuring that safety standards are uniformly applied across the industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are crucial for maintaining the continuing airworthiness of aircraft. ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
CASA, as Australia’s national airworthiness authority, is obligated to assess information from the State of Design when an AD is issued and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet the necessary safety standards. For instance, CASA issued AD/REC/1, which affects all Cockpit Voice Recorders (CVRs) and has since been amended to Amendment 1 to correct obsolete terms. This amendment, being editorial, did not require consultation with the industry or the public as it introduced no new requirements.
The Civil Aviation Safety Authority has certain obligations under these regulations. When an AD is issued by the State of Design, CASA must evaluate the information and, if appropriate, issue a corresponding Australian AD to ensure compliance with international safety standards. This process is essential for maintaining the safety and airworthiness of aircraft operating in Australian airspace. CASA's role is to enforce these regulations and ensure that all ADs are correctly implemented, thereby upholding the safety standards set forth by both national and international bodies.
Failure to comply with ADs can result in significant legal consequences. Under section 135 of the Civil Aviation Act 1988, penalties for non-compliance can include fines and imprisonment. Specifically, the maximum penalties for contravening an AD can be substantial, reflecting the importance of adhering to these safety directives. CASA has the authority to take enforcement actions against those who fail to comply with the ADs, which can include fines of up to $210,000 for corporations and imprisonment for up to two years for individuals. These penalties underscore the critical nature of adhering to airworthiness directives to ensure the safety of air navigation.