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 Agency (EASA) issued AD 2006-0196 affecting Airbus A330 series aircraft in 2006. The EASA acts on behalf France, the State of Design for these types. CASA assessed this AD and as a result issued AD/A330/59. AD/A330/59 provided terminating action for repetitive inspection requirements of AD/A330/53, Amendment 1. The compliance time for terminating action has now passed and the repetitive inspection requirements are now redundant. Consequently, CASA has cancelled Australian AD/A330/53, Amendment 1. The cancellation will become effective on 13 March 2008.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 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, governs the safety and regulation of civil aviation in Australia. It empowers the Governor-General to create regulations under section 98 for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. The primary policy objective of this legislation is to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility to the State of Design and State of Registry for maintaining airworthiness. CASA, as Australia's national airworthiness authority, issues Australian ADs in response to directives from the relevant State of Design, ensuring compliance with international obligations and maintaining safety standards in Australian aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for ensuring the safety of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they are subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is in accordance with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. For example, in response to an AD issued by the European Aviation Safety Agency for Airbus A330 series aircraft, CASA issued an Australian AD and subsequently cancelled a previous AD when the compliance period for terminating actions expired. The process of issuing and cancelling ADs is conducted in line with international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, as clarified by subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Such directives play a pivotal role in ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of an aircraft type and must provide necessary information to States of Registry. In the context of Australia, CASA, as the national airworthiness authority, assesses this information and issues corresponding Australian ADs when necessary.
Parties and entities governed by these regulations, including aircraft operators and manufacturers, must comply with ADs issued by CASA. This includes adhering to the specific requirements and actions outlined in the ADs to ensure the safety and airworthiness of the aircraft. The State of Registry is obligated to develop or adopt requirements that align with the ADs to maintain the continuing airworthiness of aircraft registered within its jurisdiction. For example, when CASA issued Australian AD/A330/59 in response to EASA’s AD 2006-0196 for Airbus A330 series aircraft, it mandated specific actions to be taken by Australian operators.
Breach of any requirements set out in an AD can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs, non-compliance with safety regulations can result in enforcement actions under the Civil Aviation Act 1988. Such actions may include fines, suspension or revocation of airworthiness certificates, and potential criminal charges, depending on the severity of the breach and its impact on safety. Therefore, compliance with ADs is critical to avoid these adverse outcomes.