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, the Civil Aviation Safety Authority (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 and its predecessors issued AD/TSA-600/25 Amdt 1 specifying periodic inspection of Aerostar aircraft. AD/TSA-600/25 is intended to match AD 80-19-14 issued for the Aerostar in the USA, the State of Design of the Aerostar. CASA has reviewed AD/TSA-600/25 Amdt 1 and has decided to amend it to more closely match AD 80-19-14. The amendment, AD/TSA-600/25 Amdt 2, will become effective on 4 June 2009. 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, Airframe 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 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to create regulations under section 98, facilitating the operation of civil aviation within the nation. The Civil Aviation Safety Regulations 1998, which were formulated under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products as per regulation 39.001. These directives are critical tools for maintaining the continuing airworthiness of aircraft, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the aircraft's State of Design, thereby fulfilling Australia's obligations under the Convention and ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issuance of Airworthiness Directive AD/TSA-600/25 Amdt 2, apply to any person or entity involved in the operation or maintenance of Aerostar aircraft registered in Australia. This regulation is intended to ensure that these aircraft meet the continuing airworthiness standards as set out by the State of Design and in compliance with international standards under Annex 8 to the Convention on International Civil Aviation. The jurisdiction of this regulation is national, as it pertains to the safety of air navigation within Australia. It is important to note that this AD is a legislative instrument and, as such, can be disallowed under section 46A of the Acts Interpretation Act 1901. The amendment to the AD was made by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which is responsible for assessing and implementing continuing airworthiness information for aircraft registered in Australia. This AD does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) establish the framework within which the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs). These ADs serve to mandate requirements for specific types of aircraft or aeronautical products, ensuring adherence to safety standards. Importantly, these directives are considered legislative instruments under the Legislative Instruments Act 2003 (section 6) and are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
Under these provisions, CASA is responsible for assessing and issuing ADs that align with the directives from the aircraft's State of Design, ensuring the continuing airworthiness of aircraft on the Australian Register. This responsibility is in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for maintaining airworthiness, and the State of Registry implements and enforces these requirements. For instance, the AD/TSA-600/25 Amdt 2, which became effective on 4 June 2009, was issued to mandate periodic inspections for Aerostar aircraft, aligning with the corresponding directive from the USA, the State of Design.
The obligations placed on the parties governed by these regulations are multifaceted. CASA must rigorously review and, if necessary, issue ADs that reflect the safety standards set by the State of Design. Aircraft operators and owners are required to comply with these ADs, which may include specific maintenance, repair, or operational procedures to ensure the aircraft remain airworthy. Non-compliance with these directives can result in serious safety risks and may lead to enforcement actions by CASA.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, breaches of ADs can be subject to both civil and criminal penalties. For instance, the Act provides for substantial fines and, in severe cases, imprisonment. The exact penalties can vary depending on the nature and severity of the breach, but they are intended to enforce strict compliance with air safety regulations. CASA has the authority to take enforcement actions against non-compliant aircraft operators, which may include grounding of aircraft, revocation of airworthiness certificates, or prosecution for more severe violations. These measures underscore the critical importance of adhering to ADs to maintain the highest standards of aviation safety.