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 2008-0150 affecting Airbus A320 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and in response has issued AD/A320/226. The requirements of AD/A320/226 supersede those detailed in AD/A320/178 Amendment 1. As a result AD/A320/178 Amendment 1 will be cancelled with an effective date 23 October 2008.
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 Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the processes for issuing airworthiness directives (ADs) for aircraft types and aeronautical products. These ADs, as legislative instruments, are integral to maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Act underscores the responsibility of the State of Design for the continuing airworthiness of aircraft types and mandates that the State of Registry, through CASA as Australia's national airworthiness authority, must adopt the requirements specified in ADs issued by the State of Design, ensuring alignment with international obligations and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Amendment Regulations 2008, pertain to the regulation of airworthiness directives (ADs) for aircraft and aeronautical products within Australia. These regulations apply to entities such as aircraft operators, manufacturers, and maintenance providers, and cover conduct related to the maintenance, inspection, and repair of aircraft to ensure compliance with continuing airworthiness standards. The ADs are issued by the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority, and these directives are mandated by section 98 of the Civil Aviation Act 1988. The jurisdictional reach of these regulations is national, encompassing all aircraft registered in Australia. The ADs are also subject to the oversight of international standards set by the International Civil Aviation Organization (ICAO). Notably, these regulations do not require public consultation or a Regulatory Impact Statement, as they are derived from international obligations and technical assessments. Any changes or cancellations of ADs, such as the recent amendment affecting the Airbus A320 series, are communicated and implemented directly by CASA in accordance with the legislative provisions.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make these regulations to ensure the safety of air navigation. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are designed to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this directive and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design.
The obligations under these regulations fall primarily on CASA as the national airworthiness authority. CASA is tasked with assessing any ADs issued by States of Design, such as the European Aviation Safety Agency (EASA) for Airbus A320 series aircraft. In the case of AD 2008-0150 issued by EASA, CASA has assessed the directive and issued AD/A320/226, which supersedes the previous AD/A320/178 Amendment 1. This process ensures that Australian-registered aircraft meet international safety standards and that any previous directives are updated accordingly.
Failure to comply with the requirements of an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence, which may lead to criminal or civil penalties. The specific penalties depend on the nature and severity of the breach but can include substantial fines and imprisonment. The exact penalties are detailed in the Act, and the severity of the consequences is proportionate to the level of non-compliance and the potential risk posed to aviation safety.
In summary, the Civil Aviation (Airworthiness) Regulations 1998 and the Civil Aviation Act 1988 mandate that CASA issue airworthiness directives based on assessments of international directives from States of Design. CASA's role is crucial in ensuring that all aircraft registered in Australia meet international safety standards. Failure to comply with these directives can lead to significant legal repercussions, highlighting the importance of adherence to these regulatory requirements.