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 2009-0077 Corrected affecting Airbus A330 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/102, which will become effective on 4 June 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001, are integral to maintaining the continuing airworthiness of aircraft. The ADs, which are legislative instruments subject to disallowance, serve as crucial tools for ensuring that aircraft types meet the safety standards set forth by the Convention on International Civil Aviation. This legislative framework allows the Civil Aviation Safety Authority (CASA) to issue Australian ADs in response to directives from the State of Design, thereby fulfilling Australia's international obligations and ensuring the safety of air navigation within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are mandated to ensure compliance with the continuing airworthiness of aircraft as required under Annex 8 to the Convention on International Civil Aviation. This regulation applies to entities such as aircraft manufacturers, operators, and maintenance providers who are responsible for adhering to the ADs issued by CASA. The geographic reach of these regulations is national, applying across Australia in accordance with the Civil Aviation Act 1988. The application of these ADs is triggered by obligations under international conventions and is typically in response to directives from the State of Design, such as the European Aviation Safety Authority (EASA) in the case of Airbus A330 model aircraft. No consultation of the Australian public is required for these ADs, as determined by the Office of Best Practice Regulation, and they do not necessitate a Regulatory Impact Statement. The ADs are issued by CASA, representing Australia’s national airworthiness authority, ensuring that the necessary safety measures are communicated and enforced within the Australian aviation sector.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. Subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments according to the Legislative Instruments Act 2003. This regulatory framework is crucial for maintaining the safety and airworthiness of aircraft operating in Australian airspace.
The obligations under this Act are stringent and multifaceted. The State of Design, which in this context is the State responsible for the design of the aircraft type, has the primary responsibility for ensuring the continuing airworthiness of that type. This responsibility includes providing necessary information to the States of Registry to support this goal. For Australia, CASA, acting as the national airworthiness authority, must review and, if necessary, issue corresponding ADs based on directives from the State of Design. This ensures that all aircraft registered in Australia comply with the latest safety standards as determined by the appropriate authorities.
Failure to comply with an airworthiness directive can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines, and potentially criminal charges. The exact penalties can vary depending on the severity of the breach and the specific circumstances, but they are designed to enforce strict adherence to safety regulations. Additionally, pilots and operators found in breach of an AD may face suspension or revocation of their certificates, further emphasizing the importance of compliance.
Given the international nature of civil aviation, ADs are often issued in response to directives from other countries, as seen in the example of AD 2009-0077 issued by the European Aviation Safety Authority (EASA) for Airbus A330 models. CASA has subsequently issued AD/A330/102, reflecting Australia's commitment to international safety standards. This process does not involve public consultation as it is driven by international obligations under the Convention on International Civil Aviation. Furthermore, the Office of Best Practice Regulation has determined that such directives do not require a Regulatory Impact Statement, streamlining the process for ensuring continued airworthiness without unnecessary delays.