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 CAANZ has issued AD DCA/750XL/12 affecting PAC 750XL aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/750XL/9, which will become effective on 12 March 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 Regulatory Review 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 Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate civil aviation in Australia, particularly focusing on safety and air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of its key mechanisms is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the continuing airworthiness of aircraft types, ensuring compliance with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce these requirements. The objective of these regulations is to align with international obligations and maintain high safety standards in the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in the interest of ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901. They are designed to address continuing airworthiness concerns, aligning with Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information to ensure the airworthiness of an aircraft type. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the necessary requirements. This process ensures that Australian-registered aircraft meet international safety standards, as exemplified by the issuance of Australian AD/750XL/9 in response to New Zealand’s AD DCA/750XL/12 for PAC 750XL aircraft. Given the international nature of these directives and their alignment with treaty obligations, no public consultation is required, and no Regulatory Impact Statement is necessary.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General to make regulations in the interest of air navigation safety, and the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, while the State of Registry must ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to ADs from the State of Design.
Compliance with airworthiness directives is a critical obligation for aircraft operators and owners. These directives mandate specific actions to maintain the safety and airworthiness of aircraft, and failure to comply can result in severe consequences. Operators must ensure their aircraft meet the requirements set forth in ADs, which may include conducting inspections, making repairs, or implementing operational changes. CASA has the authority to enforce compliance, and non-compliance can lead to grounding of aircraft, denial of entry into Australian airspace, or other regulatory actions.
The Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance with airworthiness directives. Offences under these regulations can result in significant penalties. For example, under regulation 39.005, failure to comply with an AD can result in a civil penalty of up to $33,000 for individuals and $165,000 for corporations, as stipulated in the Civil Aviation Act 1988 (section 21). Additionally, CASA may impose administrative penalties, such as suspension or revocation of airworthiness certificates, which can have severe operational and financial implications for the non-compliant party. Criminal penalties may also apply if the non-compliance leads to safety incidents or accidents.