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 issued AD F-2002-476 R1 affecting Airbus A320 aircraft, in 2004. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow the use of later revisions of SB A320-28-1103. The amended AD, AD/A320/143 Amendment 2, will become effective on 17 September 2010. 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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, further detail the safety requirements and procedures, including the issuance of airworthiness directives (ADs) for types of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) issues these directives in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to mandate requirements for the continuing airworthiness of aircraft registered in Australia. This legislative structure ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types. As a legislative instrument, the ADs are subject to the requirements of the Legislative Instruments Act 2003, ensuring they are properly made and documented. The process of issuing ADs, particularly in response to directives from the State of Design, does not require public consultation or a Regulatory Impact Statement, reflecting the technical and safety-focused nature of such regulatory actions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being legislative instruments that require disallowance under the Acts Interpretation Act 1901. These regulations are designed to ensure the safety of air navigation, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued by the State of Design and must be adopted and enforced by the State of Registry, which in the case of Australia, is CASA. The ADs serve as the primary means of communicating continuing airworthiness information, and their issuance does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This legislative framework applies to all aircraft registered in Australia, ensuring compliance with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) and Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a regulatory instrument designed to ensure the ongoing safety and airworthiness of aircraft, and it is issued when a safety issue is identified. The authority to issue these directives is granted under the authority of the Governor-General, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These directives impose specific obligations on the parties involved. The State of Design, which is the country responsible for the design of the aircraft type, has the primary responsibility for ensuring the continuing airworthiness of that aircraft type. They must provide necessary information to the State of Registry, which is the country where the aircraft is registered, to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must review this information and, if necessary, issue an Australian AD to implement the requirements set forth by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act outlines potential penalties for such breaches, which can include fines and imprisonment, depending on the severity of the violation. Additionally, operators who fail to adhere to ADs may face suspension or revocation of their air operator’s certificate, which can effectively ground their aircraft until the required actions are taken to meet the airworthiness standards. This strict enforcement underscores the importance of complying with ADs to maintain the safety of air navigation.