CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 UK CAA has issued AD 0434 Pre 80 affecting Shorts Skyvan model aircraft. The UK is the State of Design for this type. As a result of a request from an Australian operator, CASA has amended the equivalent Australian AD to reflect a change in the requirement document. The amended AD is AD/SC7/13 Amendment 4, which will become effective on 12 May 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that align with the Act's objectives, particularly concerning air navigation safety. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory process by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, are designed to maintain the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. In the context of international obligations and under the responsibility of the State of Design for an aircraft type, CASA is mandated to issue ADs to ensure the safety and airworthiness of aircraft registered in Australia, reflecting any directives from the relevant State of Design. This legislative framework aims to harmonise Australia's regulatory approach with international standards, ensuring a consistent and effective approach to maintaining airworthiness across the aviation sector.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing safety and airworthiness of aircraft registered in the country. Pursuant to section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specified kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must review information from the State of Design and issue Australian ADs if necessary to mandate compliance with safety requirements. The application of these directives is comprehensive, encompassing all aircraft registered in Australia, and extends to any aeronautical products within the scope of the ADs. This ensures that all aircraft and products meet the necessary safety standards set by both domestic and international regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued and managed in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that support the Act’s primary aim of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is crucial for maintaining the safety and airworthiness of aircraft operating within Australia, ensuring they meet the necessary safety standards set forth by international and domestic regulations.
Entities governed by the Act, particularly CASA, have several obligations in the issuance and enforcement of ADs. CASA must assess and, when necessary, adopt ADs issued by the State of Design, which is the country where the aircraft type was originally designed. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to ensure the aircraft remains airworthy. The State of Registry, on the other hand, is responsible for the airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA must review the directive, determine its applicability to Australian-registered aircraft, and issue a corresponding AD if necessary.
Failure to comply with ADs can result in significant legal consequences. ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Non-compliance with an AD can lead to enforcement actions by CASA, which may include fines, grounding of aircraft, or other penalties as deemed appropriate. The specific penalties for non-compliance are not detailed in the provided text, but generally, violations of ADs can result in substantial civil or criminal penalties depending on the severity and circumstances of the breach. The overarching aim of these measures is to ensure that all aircraft operating within Australian airspace meet the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.