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 Emergency AD UF-2005-128, affecting Airbus A320 aircraft, in July 2005. France is the State of Design for A320 Aircraft type. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/A320/179 Amendment 1, will become effective on 15 July 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, 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for stringent safety and regulatory measures in the aviation industry. It empowers the Governor-General to issue regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. This legislative instrument was developed in accordance with the requirements of Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft type's continuing airworthiness on the State of Design and mandates that States of Registry adopt necessary measures to ensure this airworthiness. In response to a French emergency AD issued for Airbus A320 aircraft, CASA issued its own AD to align with international safety standards and ensure the continuing airworthiness of aircraft registered in Australia. The AD was issued by CASA, adhering to the legislative requirements under the Act, without the need for a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs). Under this legislative regime, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure continuing airworthiness. These ADs serve as legislative instruments, subject to disallowance and oversight under the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered within Australia, imposing obligations on aircraft operators to comply with the issued directives. The scope of these regulations is international, reflecting Australia's commitments under the Convention on International Civil Aviation, particularly through Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the airworthiness of individual aircraft. Exemptions or exclusions from these regulations are minimal, as they are primarily designed to uphold the highest safety standards in civil aviation. The issuance of ADs is a proactive measure in response to safety concerns identified by the State of Design, and while these directives are legislative instruments, they do not require public consultation or a Regulatory Impact Statement, given their specific technical and safety-driven nature.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is done under the authority granted by section 98 of the Civil Aviation Act 1988, ensuring these directives are made in the interests of the safety of air navigation. An AD, as detailed in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus is also classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives serve to maintain the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry for individual aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds overall responsibility for ensuring the continuing airworthiness of an aircraft type. This involves providing necessary information to the appropriate States of Registry, with ADs being a primary method for disseminating this information. When the State of Design issues an AD, such as the Emergency AD UF-2005-128 issued by the French DGAC for Airbus A320 aircraft, CASA must evaluate this information and, if necessary, issue an equivalent Australian AD. In this case, CASA issued AD/A320/179 Amendment 1, which became effective on 15 July 2005.
In issuing an AD, CASA must adhere to certain obligations and requirements, including assessing the information provided by the State of Design and ensuring that any mandated requirements are appropriate for Australian conditions. Given that ADs are issued in response to international obligations and directives from the State of Design, no public consultation is required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was 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 Civil Aviation Act 1988.
Failure to comply with an AD can result in significant consequences, both civil and criminal. Under the Civil Aviation Act 1988, violations can lead to penalties including substantial fines and imprisonment, depending on the severity of the breach. The specific penalties are not detailed in the provided text, but generally, non-compliance with safety regulations can lead to enforcement actions by CASA, which may include grounding of aircraft, suspension of airworthiness certificates, or other regulatory measures. Additionally, individuals or entities found in breach of these regulations may face legal proceedings, which could further result in civil liabilities for damages or other compensations.