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.
The DGAC of France issued AD 2001-556(B) affecting Airbus A330 aircraft. France is the State of Design for the Airbus A330. AD 2001-556(B) was issued in 2001 at a time when no Airbus A330 aircraft was registered in Australia. There are now eight Airbus A330 aircraft registered in Australia that are potentially affected by the French AD. CASA has decided to issue Australian AD/A330/111 to mandate the French AD. AD/A330/111 will become effective on 30 April 2010.
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, 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. It empowers the Governor-General to make regulations that contribute to the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aimed at maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, implement ADs issued by the States of Design or Registry to ensure compliance with international obligations and the safety of Australian-registered aircraft.
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, which are legislative instruments under the Legislative Instruments Act 2003, aim to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988. ADs are mandated by the State of Design for aircraft types and must be assessed and, if appropriate, adopted by the State of Registry, such as CASA in Australia. In this instance, CASA has issued Australian AD/A330/111 in response to AD 2001-556(B) issued by France for Airbus A330 aircraft, reflecting Australia's commitment to international civil aviation standards under Annex 8 of the Convention on International Civil Aviation. As this AD is a direct response to an international obligation and does not require public consultation or a Regulatory Impact Statement, it applies specifically to the eight Airbus A330 aircraft registered in Australia and will become effective on 30 April 2010.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that enhance the safety of air navigation. In line with this, 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. These ADs are legally binding and are considered legislative instruments under the Legislative Instruments Act 2003. This means that CASA can mandate compliance with safety standards through these directives.
The obligations imposed by these ADs are significant. The State of Design, in this case France for the Airbus A330, has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide ongoing airworthiness information. When France issued AD 2001-556(B), CASA, as Australia’s national airworthiness authority, was required to assess the directive and issue an Australian AD if necessary. In this instance, CASA has issued AD/A330/111 to mandate the requirements of the French AD for Airbus A330 aircraft registered in Australia.
Failure to comply with ADs can result in serious consequences. The Act and the Regulations do not explicitly state the penalties for non-compliance; however, non-compliance with CASA directives generally can lead to severe sanctions, including fines and potential grounding of non-compliant aircraft. This underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.
Additionally, the issuing of ADs is governed by international standards and agreements, such as those set forth in the Convention on International Civil Aviation. Therefore, when CASA issues an AD in response to an AD from another country, there is no requirement for public consultation or a Regulatory Impact Statement. This process is overseen by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Act.