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, the Civil Aviation Safety Authority (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.
In 2007 CASA issued AD/A320/199 specifying eight State of Design ADs applicable to Airbus A319, A320 and A321 aircraft. AD/A320/199 was only applicable to Airbus A319 aircraft. CASA has reviewed the State of Design ADs applicable to the Airbus A319, A320 and A321 aircraft and decided to amend AD/A320/199 to add eight extra State of Design ADs, and to make it applicable to Airbus A319, A320 and A321 aircraft. The amended AD, AD/A320/199 Amendment 1, will only apply to aircraft manufactured prior to 1 January 2002. AD/A320/199 Amendment 1 will become effective on 15 March 2010. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for an aircraft type's airworthiness on the State of Design. CASA, as Australia's national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. This legislative framework allows CASA to address specific safety concerns and maintain the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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 to ensure the safety of air navigation. These ADs are legislative instruments and serve as a key mechanism for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design by assessing and, if necessary, issuing equivalent ADs for aircraft registered in Australia. For example, AD/A320/199, initially applicable only to Airbus A319 aircraft, was amended to include Airbus A320 and A321 aircraft, reflecting additional ADs issued by the relevant State of Design and applicable to aircraft manufactured before 1 January 2002. This AD, which cancels and replaces the previous issue, was made without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the ADs are significant for both the State of Design and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure that the aircraft remain airworthy. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. For example, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can result in civil or criminal penalties. The severity of these penalties would depend on the specific breach and the jurisdiction in which it occurs. The ADs are crucial for ensuring that aircraft meet safety standards and that any identified issues are promptly addressed.
In summary, the ADs issued by CASA are a critical component of the regulatory framework for ensuring the safety and airworthiness of aircraft. They are grounded in international conventions and Australian legislation, with the State of Design and State of Registry both bearing responsibilities under Annex 8 of the Convention on International Civil Aviation. Compliance with these directives is mandatory, and failure to adhere to them can result in significant legal and safety repercussions.