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 the ADs listed in Schedule 1 affecting Airbus A319 series aircraft. France is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/A320/199 which will become effective on 15 March 2007. This AD requires compliance with all applicable DGAC ADs listed in Schedule 1.
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.
Schedule 1
DGAC AD | Effective Date | Title |
1996-293(B)R1 | 28 December 1996 | Auxiliary Power Unit APIC APS 3200 |
1997-203-102(B)R1 | 18 April 1998 | Probe Heater Computer |
1998-152-114(B) | 18 April 1998 | Probe Heater Computer (ATA 30) Test Procedures |
1998-451-121(B) | 28 November 1998 | ILS Receiver (ATA 34) |
1999-361-138(B) | 18 September 1999 | Litton GPSSU (ATA 34) |
2000-004-142(B) | 22 January 2000 | Rockwell Collins Radio Altimeter Software Anomalies (ATA 34) |
2001-271(B) | 7 July 2001 | Loss of Fuel Quantity Indication on Center Tank (ATA 28) |
2001-363(B) | 18 August 2001 | Oxygen Systems - Inspection of Oxygen Passenger Containers - (Dräeger Type I and II) (ATA 35) |
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 safety standards and regulatory measures to manage the growing aviation industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, issued by the Civil Aviation Safety Authority (CASA) under the authority granted by the Act and the Regulations. The Act empowers CASA to issue these directives in response to international obligations and to ensure that aircraft registered in Australia comply with continuing airworthiness standards. This legislative framework is designed to uphold the safety of air navigation in Australia by aligning with international conventions and ensuring that aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to ensuring the continuing airworthiness of aircraft and are issued in response to the obligations of Australia under the Convention on International Civil Aviation. The ADs are applicable to aircraft registered in Australia, regardless of their State of Design, and mandate compliance with specific safety requirements set by the relevant national aviation authority, in this case, the French DGAC for Airbus A319 series aircraft. This regulatory framework ensures that aircraft operating within Australia meet international safety standards and maintains the safety of air navigation. Exemptions or exclusions from these directives are not generally applicable, as they are issued in direct response to identified safety concerns and must be complied with by all affected aircraft operators. The ADs become effective on specified dates and are subject to the disallowance provisions under the Acts Interpretation Act 1901, thereby classifying them as legislative instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and compliance with airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of ADs by the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Compliance with ADs is a critical obligation imposed on aircraft operators, maintenance providers, and other relevant parties. When the State of Design, in this case France, issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD. This ensures that the Australian-registered aircraft meet the safety standards set by the State of Design. The ADs listed in Schedule 1, issued by the French DGAC for Airbus A319 series aircraft, must be complied with by all relevant parties under the Australian AD/A320/199.
Failure to comply with an AD can lead to significant legal and operational consequences. While specific penalties are not detailed in the provided text, non-compliance with ADs generally results in serious civil and criminal penalties. In Australia, CASA can impose fines and other sanctions on operators and individuals who fail to adhere to ADs. Non-compliance can also lead to grounding of the aircraft, which can have severe financial and operational implications for the operators. Given the international nature of air travel, non-compliance can also result in regulatory actions by other states, potentially leading to a global grounding of the affected aircraft type.