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 Aviation Safety Authority (EASA) has issued AD 2007-0286 affecting Airbus A318, A319, A320 and A321 series aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A320/211 which will become effective on 13 March 2008.
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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation within Australia. This Act provides the legal framework for ensuring the safety and efficiency of civil aviation operations in the country. One of the key mechanisms under the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are intended to address identified safety issues with aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further outline the process for issuing these directives, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The problem or gap addressed by this legislation is the need for a robust regulatory framework to manage and mitigate safety risks in civil aviation through the timely issuance and enforcement of ADs. The policy objective is to maintain the highest standards of airworthiness, thereby safeguarding the public and promoting efficient air navigation within Australia.
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 directives are legislative instruments, as per the Legislative Instruments Act 2003, and serve to ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue these ADs stems from the Civil Aviation Act 1988, with CASA acting in accordance with international obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the State of Design, such as the European Aviation Safety Authority (EASA) for Airbus A318, A319, A320, and A321 series aircraft, mandating compliance with specific safety requirements. Given their nature as responses to international obligations and the specific technical requirements they address, these ADs are not subject to public consultation or the need for a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, ensuring that Australian registered aircraft meet both national and international safety standards.
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) in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument as per the Legislative Instruments Act 2003.
These ADs are essential for maintaining the continuing airworthiness of aircraft types, which is ultimately the responsibility of the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure airworthiness, and ADs are the most common form of such information. In parallel, the State of Registry of an individual aircraft bears responsibility for its ongoing airworthiness, which involves developing or adopting requirements to meet this responsibility. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the European Aviation Safety Authority (EASA) issued AD 2007-0286 concerning Airbus A318, A319, A320, and A321 series aircraft, acting on behalf of France, the State of Design for these types. CASA evaluated this AD and subsequently issued Australian AD/A320/211, effective from 13 March 2008. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public has occurred regarding this specific AD. The Office of Best Practice Regulation has also concluded that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Act and Regulations impose several obligations and requirements on the parties and entities they govern. CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to ensure compliance with safety standards. The State of Registry must implement the requirements of any issued ADs to maintain the airworthiness of registered aircraft. Additionally, aircraft operators must adhere to the directives by making necessary modifications, inspections, or replacements as specified within the ADs. Non-compliance with ADs can result in severe penalties and consequences.
Under the Civil Aviation Act 1988, failure to comply with an AD can lead to civil penalties, including fines up to a maximum of $102,000 for individuals and $510,000 for corporations. Furthermore, CASA has the authority to issue a direction to rectify non-compliance, and persistent non-compliance may lead to the grounding of the aircraft. In more serious cases, criminal charges may be pursued, potentially resulting in imprisonment. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating in Australia.