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 has issued AD F-2006-011 R1 affecting Airbus A320 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/190, Amendment 1, which will become effective on 16 March 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, Airframes 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 a comprehensive framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These regulations enable CASA to mandate safety measures for aircraft and aeronautical products in alignment with international standards set by the International Civil Aviation Organization (ICAO). The legislative process for ADs, as outlined in the Legislative Instruments Act 2003, mandates that they are disallowable instruments, thus requiring adherence to specific legislative procedures. The policy objective behind these regulations is to maintain the highest safety standards in civil aviation by ensuring that aircraft meet continuing airworthiness requirements, ultimately protecting public safety and international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under the Acts Interpretation Act 1901, and serve to ensure the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The State of Design, responsible for the initial airworthiness of an aircraft type, issues ADs, which CASA must assess and potentially mandate for aircraft registered in Australia. The AD in question, concerning the Airbus A320 model aircraft, was issued by CASA in response to a directive from the French DGAC, reflecting Australia’s international obligations under the Convention on International Civil Aviation. This particular AD, which cancels and replaces previous directives, was made by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This means CASA can mandate specific actions or modifications to ensure the continuing airworthiness of aircraft registered in Australia. These ADs, being legislative instruments under section 46A of the Acts Interpretation Act 1901, must comply with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties involved include ensuring the ongoing safety and airworthiness of aircraft. For example, the State of Design—the country where the aircraft is designed—bears the primary responsibility for providing information necessary to maintain the airworthiness of the aircraft type. This is in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt specific requirements to enforce the continuing airworthiness of aircraft registered within its territory. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate compliance with the requirements of the State of Design.
Failure to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal or civil penalties. The severity of these penalties can vary, but they can include fines and imprisonment for criminal offences, depending on the specific circumstances and the discretion of the court. Civil penalties may also apply, such as compensation for damages resulting from non-compliance with ADs. It is crucial for all parties governed by the Act and the Regulations to adhere strictly to the issued ADs to avoid these serious consequences.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for ensuring the safety and airworthiness of aircraft through the issuance of ADs. The obligations on the State of Design and the State of Registry, along with CASA's role in enforcing these directives, ensure that all aircraft registered in Australia meet the necessary safety standards. Non-compliance with these directives can result in significant legal consequences, highlighting the importance of adhering to the regulations.