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 2008-0023 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/31, Amendment 3, which will become effective on 10 April 2008. 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, Airframes 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, was introduced to ensure the safety of air navigation and the continuing airworthiness of aircraft. This Act allows the Governor-General to make regulations for these purposes, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments made under the authority granted by section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are essential for maintaining the safety standards of aircraft and aeronautical products, aligning with international obligations under the Convention on International Civil Aviation, particularly those of the State of Design and the State of Registry. CASA issues ADs in response to directives from the relevant State of Design, ensuring compliance with international safety standards and the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia. These directives apply to all aircraft and aeronautical products registered in Australia, irrespective of whether they are operated domestically or internationally. As part of Australia's obligations under the Convention on International Civil Aviation, CASA must issue Australian ADs when a State of Design issues an AD affecting a type of aircraft on the Australian Register. Exemptions or exclusions from these directives are not explicitly mentioned in the provided text, but the issuance of ADs is based on international standards and cooperation with other contracting states. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are made in accordance with the Legislative Instruments Act 2003. In this instance, CASA issued Australian AD/A330/31, Amendment 3, in response to EASA's AD 2008-0023, affecting Airbus A330 model aircraft, and this directive will become effective on 10 April 2008.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation assigns the State of Design, the country where the aircraft type is designed, the responsibility for ensuring the continuing airworthiness of the aircraft type. The State of Registry, the country where the aircraft is registered, must ensure the aircraft's continuing airworthiness by developing or adopting requirements to meet this responsibility.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and other entities are significant. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue Australian ADs to mandate the requirements for aircraft registered in Australia. This ensures that Australian aircraft meet international safety standards and comply with Australian regulations. The State of Design, in this case, France for Airbus A330 aircraft, is responsible for providing information to ensure the continuing airworthiness of the aircraft type. The State of Registry, Australia in this scenario, must implement the requirements set forth in these ADs to maintain the airworthiness of the aircraft.
Failure to comply with the ADs can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify penalties for non-compliance with ADs. However, failure to adhere to an AD can result in the aircraft being deemed unairworthy, which could lead to grounding of the aircraft. This could have significant operational and financial implications for airlines and other operators. Additionally, under section 84A of the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against entities that fail to comply with ADs, which could include fines or other penalties. The severity of these penalties can vary depending on the nature and extent of the non-compliance.