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 EASA has issued AD 2006-0108 affecting A318, A319, A320 and A321 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A320/157, Amendment 2, which will become effective on 6 July 2006. 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, 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 was enacted to regulate the aviation industry in Australia, primarily to ensure the safety of air navigation. The Act provides a framework under which the Civil Aviation Safety Regulations 1998 can be made, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations are essential in maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring they meet safety standards as outlined in the Convention on International Civil Aviation. ADs are legislative instruments that mandate specific actions to address safety issues identified with particular aircraft types. The authority to issue ADs in Australia stems from section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, reflecting the commitment to international safety standards and the role of CASA as the national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate compliance with safety requirements as outlined in the Civil Aviation Act 1988. The application of these regulations is primarily focused on ensuring the continuing airworthiness of aircraft registered in Australia, and they are consistent with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Union Aviation Safety Agency (EASA), issues an AD for a type of aircraft registered in Australia, CASA must assess and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international safety standards, and it is implemented without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs issued by CASA are binding on all relevant persons and entities operating aircraft within the Australian jurisdiction, thereby maintaining high safety standards across the industry.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under these provisions, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily revolve around ensuring the continuing airworthiness of aircraft. The State of Design, responsible for the design of the aircraft type, must provide necessary information to maintain airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must then assess this information and, if necessary, issue a corresponding AD to enforce the required safety measures. For instance, the European Union Aviation Safety Agency (EASA), as the State of Design, issued AD 2006-0108 for A318, A319, A320, and A321 model aircraft. CASA evaluated this directive and issued Australian AD/A320/157, Amendment 2, effective from 6 July 2006, to mandate the requirements of the EASA AD.
Non-compliance with ADs can lead to serious consequences. Civil Aviation Regulations 1990 (CAR) detail the potential penalties for breaches of ADs. Under regulation 21.201, failure to comply with an AD can result in civil penalties, including fines up to $132,000 for corporations and $26,400 for individuals, as well as criminal penalties for more severe infractions. The specific penalties depend on the nature and severity of the breach, but the overarching aim is to ensure that all ADs are adhered to strictly to maintain the highest safety standards in air navigation.