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 US FAA issued AD 89-09-02, affecting David Aircraft Products safety harnesses, in 1989. The USA is the State of Design for this equipment. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error in the AD title. The amended AD, AD/RES/23 Amendment 1, will become effective on 18 December 2008. 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). In response to obligations under the Convention on International Civil Aviation and the need to address specific safety concerns, the Civil Aviation Safety Authority (CASA) issues ADs to mandate safety requirements for aircraft on the Australian Register, ensuring compliance with international standards and domestic regulations. This particular AD, AD/RES/23 Amendment 1, corrects a typographical error in a previously issued AD concerning David Aircraft Products safety harnesses, reflecting Australia’s commitment to international aviation safety standards and effective domestic regulation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review, and are designed to maintain or improve the continuing airworthiness of aircraft registered in Australia. The State of Registry, which in this case is Australia, is tasked with ensuring that aircraft maintain their airworthiness, and CASA acts on behalf of this State to issue ADs in response to information from the aircraft’s State of Design. The application of these ADs is global, reflecting Australia’s commitment to international standards set by the Convention on International Civil Aviation. Notably, the issuance of ADs such as AD/RES/23 Amendment 1, which corrects a typographical error in an existing directive, is mandated by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations that promote the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for maintaining the airworthiness of that aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, on the other hand, is responsible for ensuring the airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998, specifically subregulation 39.001(5), outline the role of ADs as a common form of continuing airworthiness information. The United States Federal Aviation Administration (FAA) issued AD 89-09-02 in 1989 concerning David Aircraft Products safety harnesses. As the State of Design, the USA has issued this AD, necessitating CASA to review and, if necessary, issue an equivalent Australian AD. In response to a request from industry, CASA amended the Australian AD to correct a typographical error in the AD title. The amended AD, AD/RES/23 Amendment 1, will take effect on 18 December 2008, replacing the previous issue. Given that this AD is issued under Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
There are no specific offences, penalties, or civil/criminal consequences detailed for breaches of the ADs within the provided text. However, general provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 would apply to any non-compliance with ADs. Such non-compliance could potentially result in enforcement actions, including fines, legal penalties, or other sanctions as prescribed by the relevant aviation safety regulations. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework governing civil aviation in Australia.