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 French DGAC has issued AD F-2001-499R4 affecting Airbus A320 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/130, Amendment 3, which will become effective on 27 October 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 Manager, Airframes 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, is designed to ensure the safety of air navigation and manage aviation-related activities within Australia. It provides the framework for the regulation of airworthiness, among other critical areas. One of the key mechanisms through which the Act seeks to maintain safety standards is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments to mandate specific safety requirements for aircraft and aeronautical products. The Civil Aviation (Administrative Arrangements) Amendment Regulations 2005, which include the issue of AD F-2001-499R4, exemplify the practical application of these provisions. Given the global nature of aviation and the responsibilities outlined in the Convention on International Civil Aviation, particularly concerning the State of Design and State of Registry roles, the ADs issued by the Civil Aviation Safety Authority (CASA) are often in direct response to directives from other countries. This legislative approach ensures that Australian aircraft meet international safety standards, thereby protecting both domestic and international air travel.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation applies to entities involved in the design and operation of aircraft, specifically targeting the airworthiness and safety of aircraft registered in Australia. ADs are issued in response to identified safety issues or deficiencies in aircraft types or aeronautical products, and are designed to ensure the continuing airworthiness of these aircraft. The geographic reach of these regulations is national, as CASA, as Australia's national airworthiness authority, must assess foreign ADs and issue corresponding Australian ADs when necessary. Subordinate instruments extend the application of these regulations by providing detailed operational requirements and standards that must be met to maintain airworthiness. Any exclusions or exemptions from these requirements are generally specific to particular types of aircraft or circumstances and are outlined in the regulations themselves.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises CASA to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs, as defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily rest on CASA as the national airworthiness authority. Under Annex 8 of the Convention on International Civil Aviation, CASA must assess airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that Australian registered aircraft meet the international safety standards set by the design authority. Furthermore, the State of Registry for each aircraft holds the responsibility for ensuring its continuing airworthiness, necessitating compliance with any ADs relevant to the aircraft type.
Failure to comply with the airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to civil or criminal penalties. For example, under section 18 of the Act, an individual or entity found in breach of safety regulations can be fined up to a maximum of $200,000. Additionally, in severe cases, directors or officers of a corporation can face imprisonment for up to five years if the corporation is found to have contravened the ADs. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.