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 2002-456(B) R1 affecting Airbus A319, A320 and A321 model aircraft. EASA / France is the State of Design for Airbus aircraft types. CASA has assessed this AD and has issued Australian AD/A320/196 which will become effective on 15 February 2007.
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 regulate civil aviation in Australia, ensuring safety, efficiency, and environmental protection. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft types, in line with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations specify that ADs are disallowable instruments under the Acts Interpretation Act 1901 and do not require a Regulatory Impact Statement. CASA, as Australia’s national airworthiness authority, is obligated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements, ensuring compliance with international obligations and maintaining safety standards within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments designed to ensure the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products, which are intended to mandate requirements necessary for the continuing airworthiness of aircraft. These ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly when the State of Design issues an AD that affects aircraft on the Australian Register. CASA, as Australia’s national airworthiness authority, is required to assess such international ADs and, if appropriate, issue corresponding Australian ADs. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are necessary measures for maintaining aviation safety standards in alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for issuing airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument and thus a legislative instrument, in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions are multi-faceted. The State of Design, in this case, the French DGAC for Airbus models, bears the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. The State of Registry, represented by CASA in Australia, must then assess this information and issue corresponding ADs if appropriate. This ensures that all aircraft maintain their airworthiness according to internationally recognised standards. For example, when the French DGAC issued AD 2002-456(B) R1 for Airbus A319, A320, and A321 models, CASA assessed this directive and subsequently issued Australian AD/A320/196, which became effective on 15 February 2007.
The ADs issued under these regulations have specific implications for compliance and enforcement. Although ADs are legislative instruments, they are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, issued the Australian AD/A320/196 in accordance with subsection 84A(2) of the Act. Non-compliance with these ADs could have serious legal and safety consequences, although specific penalties are not detailed in the provided text.
The potential consequences of breaching ADs are significant. While the provided text does not detail specific penalties, non-compliance with airworthiness directives can lead to serious safety issues and legal repercussions. In Australia, CASA has the authority to enforce compliance through various measures, including fines and potential grounding of non-compliant aircraft. The overarching goal is to ensure that all aircraft operating within Australian jurisdiction maintain the highest standards of airworthiness, thereby protecting public safety.