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 European EASA issued AD 2006-0236, affecting Airbus A319 & A320 series aircraft, in 2006. Europe is the State of Design for these aircraft types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/A320/180 Amendment 1, will become effective on 15 March 2007. 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 establish and regulate the framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to create regulations under section 98 to serve the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 detailing the specific procedures and requirements. One of the key provisions of this act allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments that align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring Australia's compliance with global aviation safety protocols. The act aims to protect public safety by ensuring that aircraft operating in Australian airspace meet stringent safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. This regulation applies to aircraft registered in Australia and extends to the continuing airworthiness requirements as mandated by the State of Design, which, in the case of Airbus A319 and A320 series aircraft, is Europe. The ADs are a legislative instrument as per the Legislative Instruments Act 2003 and are necessary for ensuring the safety of air navigation. CASA, as Australia's national airworthiness authority, assesses the information provided by the State of Design and issues corresponding ADs to mandate the requirements. Exemptions or exclusions from these ADs are not specified in the text, but they are subject to the overarching safety regulations. The issuance of ADs such as AD/A320/180 Amendment 1, which amends the previous AD due to a request from industry, is made under the authority of the Act and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) (section 98 and regulation 39.001). These directives, as per subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs have legal standing and must be adhered to by relevant parties. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this context refers to the country where the aircraft type is designed, bears the responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft's airworthiness. When a State of Design issues an AD, it is the duty of CASA, as Australia’s national airworthiness authority, to review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In practical terms, the obligations imposed by these regulations require CASA to monitor and respond to ADs issued by other countries, particularly those that are the States of Design for aircraft types registered in Australia. This involves CASA assessing the information provided in the foreign ADs and determining whether an Australian AD is necessary. If an Australian AD is deemed necessary, CASA must issue it to ensure compliance with international airworthiness standards. This process is demonstrated in the example where the European Aviation Safety Agency (EASA) issued AD 2006-0236 for Airbus A319 & A320 series aircraft, leading CASA to amend the corresponding Australian AD to Amendment 1. The requirement to issue and adhere to ADs ensures that aircraft registered in Australia maintain their airworthiness in line with international standards.
Failure to comply with ADs can lead to significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in civil penalties, including fines and potential grounding of the aircraft. For instance, operating an aircraft that does not comply with applicable ADs could lead to enforcement actions by CASA. In severe cases, where non-compliance is found to have contributed to an aviation incident or accident, there may be additional criminal charges and penalties, including imprisonment. The specific penalties depend on the severity of the breach and the resultant impact on aviation safety. It is critical for all parties involved, including aircraft operators and maintenance personnel, to understand and adhere to the requirements set forth in these ADs to avoid these consequences.