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-2005-056 in 2005 affecting Airbus A320 series aircraft; the DGAC subsequently issued AD F-2005-056 R1 which cancelled the original AD. France is the State of Design for types. CASA has assessed AD F-2005-056 R1 and as a result has cancelled Australian AD/A320/177. The cancellation will become effective on 24 November 2005. No replacement AD is required, as the original unsafe condition had been corrected by AD/A320/169.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/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 Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within the nation. This Act empowers the Governor-General to create regulations that safeguard air navigation. In particular, the Act addresses the need for consistent and internationally aligned regulations to manage the airworthiness of aircraft and aeronautical products, ensuring that these align with global safety standards as outlined in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the safety standards required under international agreements and ensuring that the continuing airworthiness of aircraft is managed effectively within Australia.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products, thereby ensuring the safety of air navigation. These regulations apply to all aircraft registered in Australia and any aeronautical products used in Australian airspace, extending the geographical scope to include the national jurisdiction over aviation safety. Airworthiness directives are legislative instruments subject to disallowance, with their issuance and enforcement aimed at maintaining the continuing airworthiness of aircraft types as mandated by the Convention on International Civil Aviation. The State of Design has primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must adopt and enforce relevant ADs to meet these international obligations. Exclusions and exemptions from ADs are not explicitly mentioned in the text, but their issuance and application are typically governed by specific conditions related to the safety and operational requirements of the aircraft. The application of these directives may also be extended or refined through subordinate instruments, aligning with the overarching goal of ensuring the safety and reliability of civil aviation in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These directives are designed to ensure the continuing safety and airworthiness of aircraft, and they are considered legislative instruments under the Legislative Instruments Act 2003 (6). When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8 to the Convention on International Civil Aviation).
Obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific duties on CASA and other relevant authorities. CASA must assess any AD issued by the State of Design and determine whether an Australian AD is necessary to mandate the requirements for aircraft registered in Australia. The State of Registry, which is Australia in this case, is also responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction. This includes implementing any necessary ADs to maintain safety standards. Additionally, the State of Design must provide any necessary information to ensure the airworthiness of the aircraft type, aligning with Annex 8 of the Convention on International Civil Aviation.
Failure to comply with the requirements set forth in the ADs may result in legal consequences. The Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for breaching ADs. However, non-compliance with ADs could potentially lead to civil or criminal penalties under the Civil Aviation Act 1988, depending on the severity of the breach and its impact on aviation safety. CASA can take enforcement actions against operators who fail to adhere to the mandated safety directives, which could include fines, suspension of airworthiness certificates, or other regulatory measures to ensure compliance. The exact penalties would be determined based on the specific circumstances of the non-compliance and the relevant provisions of the Act.