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 2007-0309 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/A330/4, Amendment 2, which will become effective on 13 March 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 Commonwealth Parliament, was introduced to provide a legislative framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that ensure the safety of air navigation, with the overarching goal of protecting the public and maintaining high safety standards in the aviation sector. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate requirements for the continuing airworthiness of aircraft types and aeronautical products, thereby ensuring compliance with international safety standards as set out in the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs when necessary, following assessments of directives issued by the State of Design or other contracting states. This legislative approach ensures that Australia meets its obligations under international agreements while maintaining the safety and airworthiness of aircraft registered in the country. The issuance of ADs is a critical tool in the regulatory framework, enabling CASA to respond promptly to safety issues identified by other states or through its own assessments. The policy objective is to maintain the highest possible level of safety in civil aviation by ensuring that all aircraft operating in Australia meet stringent airworthiness criteria.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These regulations apply to all aircraft registered in Australia, ensuring compliance with national and international safety standards. Airworthiness directives are legislative instruments that mandate specific safety measures to maintain the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and it must provide necessary information to the State of Registry, which, in the case of Australia, is CASA. This AD applies specifically to Airbus A330 model aircraft and is issued in response to a directive from the European Aviation Safety Authority (EASA), which acts on behalf of France, the State of Design. CASA has assessed the EASA directive and has issued its own AD to ensure that Australian standards are met, effectively making the requirements binding on all A330 aircraft registered in Australia. Given that this directive is in response to an international agreement and has been assessed by CASA, no public consultation or Regulatory Impact Statement was required under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework allows CASA to mandate specific actions or compliance measures for the continued safe operation of certain aircraft types. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of a type to the appropriate States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. This necessitates that the State of Registry adopts or develops requirements to ensure the continuing airworthiness of aircraft.
These regulations impose several obligations on the parties and entities involved. The State of Design must ensure that any information or directives issued are comprehensive and address potential safety concerns. CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. The State of Registry is tasked with implementing the ADs, ensuring that the aircraft within its jurisdiction comply with the mandated requirements. This includes conducting necessary inspections, maintenance, or modifications to meet the ADs' stipulations. Additionally, aircraft operators must adhere to the ADs, which may include specific maintenance schedules, inspection requirements, or operational restrictions, to maintain the airworthiness of their aircraft.
Failure to comply with the provisions of an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. Furthermore, CASA has the authority to impose civil penalties, including fines, for breaches of airworthiness directives. The maximum penalties for such offences are specified within the regulations, providing a clear framework for enforcement. Non-compliance not only risks the safety of the aircraft and its occupants but also subjects the violators to significant legal and financial repercussions. Ensuring adherence to these directives is therefore critical for maintaining the high safety standards in the aviation industry.