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.
CASA raised AD/ROCK-114/14 to correct an unsafe situation on Gulfstream (Rockwell) 114 series aircraft in 1995. As a result of a review of the Rockwell 114 AD series, this AD has been amended to AD/ROCK-114/14 Amdt 1 to clarify the relationship between AD/ROCK-114/14 and the now cancelled AD/ROCK-114/10. The amendment does not change the requirements of AD/ROCK-114/14. This AD becomes effective on 20 November 2008 and cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public, because the requirements of the AD have not been changed.
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 and 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, enacted by the Parliament of Australia, establishes the framework for ensuring the safety of air navigation in Australia. This legislation grants the Governor-General the authority to issue regulations under section 98, which are essential for maintaining air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, making these directives a legislative instrument under the Acts Interpretation Act 1901. This legislative structure is designed to address the need for continuous oversight and regulation of aircraft airworthiness to ensure safety, in line with international standards set by the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is responsible for issuing these directives when necessary, thereby fulfilling the obligations of the State of Registry under Annex 8 of the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) to ensure the continuing safety and airworthiness of aircraft. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, has the power to issue such directives for specific types of aircraft or aeronautical products, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Registry, which in Australia is CASA, is mandated to assess information from the State of Design and, when necessary, issue corresponding Australian ADs. This ensures that aircraft registered in Australia meet the continuing airworthiness requirements. For instance, CASA issued AD/ROCK-114/14 to address safety concerns with the Gulfstream (Rockwell) 114 series aircraft in 1995, later amending it to AD/ROCK-114/14 Amdt 1 without altering the original requirements. The AD becomes effective on 20 November 2008, replacing the previous issue. Given that the regulatory impact of these directives has remained unchanged, CASA did not consult with the industry or the public. The Office of Best Practice Regulation has confirmed that these ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. In particular, AD/ROCK-114/14, issued by CASA in 1995, addressed an unsafe situation on Gulfstream (Rockwell) 114 series aircraft, and it has since been amended to AD/ROCK-114/14 Amdt 1. The AD becomes effective from 20 November 2008 and replaces the previous version, though the requirements remain unchanged.
The obligations imposed by the AD mandate that the State of Design, responsible for the continuing airworthiness of the aircraft type, must provide any necessary information to ensure the aircraft's airworthiness to the State of Registry. In this case, the State of Registry is Australia, and CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The AD/ROCK-114/14, which has been amended to AD/ROCK-114/14 Amdt 1, aims to clarify the relationship with the now-cancelled AD/ROCK-114/10 without altering the original requirements.
The ADs are a part of the continuing airworthiness information required under Annex 8 to the Convention on International Civil Aviation, which necessitates that the State of Registry develops or adopts requirements to ensure the continuing airworthiness of aircraft. This means that Australian aircraft operators and owners must comply with the ADs issued by CASA to maintain the airworthiness of their aircraft. Failure to comply with these ADs can result in severe consequences, including the potential grounding of aircraft, which would prevent them from operating until the required actions are taken.
Under the Civil Aviation Safety Regulations 1998, there are specific offences and penalties for non-compliance with ADs. Violators may face civil or criminal consequences, and the maximum penalties can vary depending on the severity of the breach. It is essential for aircraft operators and owners to adhere to the ADs to avoid legal repercussions and ensure the safety of air navigation. CASA, as the enforcing authority, has the power to take action against those who fail to comply with the ADs, which may include fines, imprisonment, or both.