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 previously issued AD/SA-TP/23 Amdt 1 to correct an unsafe situation on British Aerospace / Scottish Aviation Twin Pioneer aircraft. The State of Design for this type, the EASA, has not yet taken action to correct this unsafe condition. As there are some examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. The AD mandates structural component fatigue lives in accordance with Scottish Aviation Technical News Sheet (TNS) No. 33 Issue 2. CASA has reviewed this AD and decided to amend it to clarify the applicability of appendices in TNS 33 Issue 2. The amended AD, AD/SA-TP/23 Amdt 2, will become effective on 23 August 2012. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as the amendment provides clarification only and introduces no additional requirements or increased burden for industry.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) was established as the national authority responsible for regulating civil aviation safety and airworthiness. One of the key mechanisms CASA employs to maintain these standards is through the issuance of airworthiness directives (ADs), which are regulations made under section 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a crucial tool in the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs ensure that all aircraft registered in Australia meet the necessary safety standards, thereby addressing gaps in maintaining uniform safety regulations and ensuring compliance with international standards. The policy objective is to uphold the highest standards of aviation safety in Australia, ensuring the safety of all air navigation activities.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, apply to all aviation entities within Australia, including aircraft operators, maintenance organisations, and airworthiness authorities, ensuring adherence to safety standards across the industry. The scope of these regulations extends to all aircraft registered in Australia and those entering Australian airspace, irrespective of their country of origin. Notably, the Civil Aviation Act 1988 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns related to specific aircraft types or aeronautical products. These ADs are legislative instruments that CASA can issue to mandate safety measures, often in response to directives from the State of Design. The ADs become effective upon issuance and must be complied with by all relevant parties. The regulations do not specify particular exclusions or thresholds; however, the necessity for consultation with industry and the public depends on whether the AD introduces new requirements or increases existing burdens. In this particular case, the amendment to the AD/SA-TP/23 Amdt 2, which only clarifies the applicability of existing technical information, did not necessitate such consultation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for certain aircraft or aeronautical products. Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can mandate safety requirements for aircraft registered in Australia.
The obligations placed on parties governed by this legislation include the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type. According to Annex 8 of the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. The State of Registry, in this case CASA, must then assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In the specific case of British Aerospace / Scottish Aviation Twin Pioneer aircraft, CASA has developed an AD to correct an unsafe condition identified by the European Aviation Safety Agency (EASA), the State of Design. The AD mandates structural component fatigue lives in accordance with Scottish Aviation Technical News Sheet (TNS) No. 33 Issue 2, and has been amended to clarify the applicability of appendices in TNS 33 Issue 2.
In terms of potential breaches, the AD itself does not explicitly state specific offences, penalties, or consequences for non-compliance. However, failure to comply with an AD can lead to severe consequences under the Civil Aviation Act 1988. For instance, operating an aircraft that does not comply with an AD can result in civil penalties, such as fines, and criminal penalties, including imprisonment. The exact penalties can vary based on the severity of the non-compliance and are subject to the broader provisions of the Civil Aviation Act 1988. Additionally, CASA has the authority to suspend or revoke an aircraft’s certificate of airworthiness if it finds that the aircraft does not comply with applicable ADs, further enforcing compliance with these safety mandates.