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 1990 CASA issued AD/A320/8 specifying inspection of Airbus A320 aeroplanes. AD/A320/8 matched French DGAC AD 90-018-006 (B) which was issued for the Airbus A320. In 1990 AD/A320/8 was reissued as Amendment 1 to specify permanent modification in accordance with Service Bulletin A320-34-1013. CASA has reviewed AD/A320/8 Amdt 1 and found that it incorrectly specifies a DGAC AD other than 90-018-006 (B). CASA has decided to amend AD/A320/8 to delete reference to the inappropriate DGAC AD and replace it with DGAC AD 90-018-06 (B) R2. The amendment, AD/A320/8 Amendment 2, will become effective on
29 January 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 establish a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. Section 98 of this Act empowers the Governor-General to make regulations for the Act's purposes, particularly concerning the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were enacted, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain aircraft safety standards. ADs are legislative instruments issued to mandate requirements for the continuing airworthiness of aircraft, and they are essential for ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 and its accompanying regulations address the need for consistent and effective oversight of aircraft safety across Australia, reflecting the country's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulations 2009, as embodied in F2010L00092, apply to the aviation industry and all entities involved in the maintenance, operation, and oversight of aircraft registered in Australia. Specifically, these regulations pertain to the issuance and compliance with airworthiness directives (ADs), which are regulatory mandates issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. ADs are critical for maintaining safety standards as stipulated under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The regulations extend to all aircraft types and aeronautical products registered in Australia, ensuring they comply with international standards set by the International Civil Aviation Organization (ICAO). Geographic reach is national, as CASA, being Australia's national airworthiness authority, is responsible for issuing and enforcing these directives across the country. There are no stated exclusions or exemptions in this particular legislative instrument, although thresholds and specific conditions for issuing ADs are detailed within the Civil Aviation Safety Regulations 1998. The application of these regulations may be extended or further specified through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the safety of air navigation, which is further detailed in the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial as they mandate the requirements necessary for ensuring the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment and issuance of ADs that align with those issued by the State of Design, ensuring that all aircraft on the Australian Register meet the required safety standards. When the State of Design issues an AD, CASA must evaluate the provided information and, if necessary, issue a corresponding Australian AD. For example, in 1990, CASA issued AD/A320/8, which mandated inspections for Airbus A320 aeroplanes, matching a French DGAC AD. However, CASA later identified an error in the reference to a DGAC AD and subsequently issued an amendment, AD/A320/8 Amendment 2, to correct this error.
Failure to comply with the requirements set forth in the ADs can lead to severe consequences. Although ADs do not require public consultation and are not subject to a Regulatory Impact Statement, the obligations they impose are stringent. CASA, as Australia’s national airworthiness authority, has the responsibility to ensure that aircraft remain airworthy, and any non-compliance with ADs could potentially lead to civil or criminal penalties. While specific penalties are not detailed in the text, non-compliance with airworthiness directives generally results in enforcement actions by CASA, which could include fines, suspension, or revocation of aircraft certificates.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing ADs to ensure aircraft safety. CASA's role in issuing and enforcing these directives is critical, and any deviations from these requirements can have significant repercussions for the involved parties, potentially leading to penalties that underscore the importance of adhering to these safety mandates.