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 United States FAA has issued AD 2007-16-14 affecting Taylorcraft aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/TAYLORCRAFT/1, which will become effective on 20 August 2007.
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, New Technologies and Systems, in the Airworthiness Engineering Brach, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to provide a legal framework for the regulation of civil aviation in Australia, empowers the Governor-General to create regulations under section 98, aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 further specify, under regulation 39.001, that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative instrument is designed to address issues of continuing airworthiness as mandated by Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the ongoing airworthiness of an aircraft type and the provision of necessary information to States of Registry. The ADs serve as a key mechanism for disseminating this information internationally.
The ADs are issued by CASA, Australia's national airworthiness authority, following an assessment of information provided by the State of Design, which, in this case, is the United States for Taylorcraft aircraft. Consequently, the issuance of Australian AD/TAYLORCRAFT/1, effective from 20 August 2007, is a direct response to AD 2007-16-14 issued by the United States Federal Aviation Administration (FAA). Given the international obligations under the Convention on International Civil Aviation and the procedural nature of ADs, no public consultation was deemed necessary, and the Office of Best Practice Regulation has concluded that these directives do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations specifically allow CASA to issue ADs for particular types of aircraft or aeronautical products, thereby establishing safety standards that are necessary to maintain airworthiness. Under the Act, ADs are considered disallowable instruments, and they are also recognised as legislative instruments in accordance with the Legislative Instruments Act 2003. The ADs are typically issued in response to continuing airworthiness concerns identified by the State of Design or other relevant international authorities, such as the United States Federal Aviation Administration (FAA). In such cases, CASA, as Australia's national airworthiness authority, is required to assess the foreign AD and, if appropriate, issue an Australian AD to enforce the necessary safety requirements. This process ensures that Australia meets its obligations under the Convention on International Civil Aviation and maintains consistent safety standards for aircraft registered within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore as legislative instruments according to section 6 of the Legislative Instruments Act 2003. These directives are critical in maintaining the continuing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation.
The State of Design, in this case, the United States for Taylorcraft aircraft, holds the primary responsibility for the ongoing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the aircraft type to the States of Registry, such as Australia. Consequently, CASA, as Australia’s national airworthiness authority, must review the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that the aircraft on the Australian Register meet the necessary safety standards.
In accordance with these regulations and conventions, CASA has issued Australian AD/TAYLORCRAFT/1, which will take effect on 20 August 2007. This AD responds to the United States FAA’s AD 2007-16-14 concerning Taylorcraft aircraft. Given that this AD is a direct result of Australia’s obligations under the Convention on International Civil Aviation and is issued in reaction to an AD from the relevant State of Design, there has been no consultation with the Australian public regarding this directive. Additionally, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, New Technologies and Systems, within the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act. This section mandates that CASA must assess and, if necessary, enforce airworthiness directives to ensure the safety and airworthiness of aircraft operating in Australia. Failure to comply with these directives could result in severe penalties and legal consequences for non-compliance, which could include fines and potential grounding of the aircraft until the required measures are implemented.