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 EASA has issued AD 2007-0133 affecting Airbus A330 type aircraft. EASA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/A330/65. The cancellation will become effective on 5 July 2007. CASA has issued AD/A330/13 Amdt 5 which incorporated the requirements of AD/A330/65.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, 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 legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation, as demonstrated under section 98. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards such as Annex 8 to the Convention on International Civil Aviation. The enactment of this legislation addresses the need for a coordinated and legally binding approach to managing aircraft safety and airworthiness in Australia, fulfilling the policy objective of ensuring the highest standards of safety in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, serve as a critical mechanism for ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design, such as the European Aviation Safety Agency (EASA) for the Airbus A330, is tasked with maintaining the airworthiness of an aircraft type and must provide necessary information to the State of Registry, which, in Australia's case, is CASA. CASA's role includes assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements on aircraft registered in Australia. This ensures compliance with international standards and maintains the safety of air navigation within Australia's jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are crucial for maintaining the safety of air navigation as per section 98 of the Civil Aviation Act 1988. ADs serve as a mechanism to ensure that the continuing airworthiness of aircraft types is maintained in accordance with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds primary responsibility. The State of Registry, which in Australia’s case is CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft, aligning with the international standards set forth by the International Civil Aviation Organization (ICAO).
Entities governed by these regulations, such as aircraft operators, manufacturers, and maintenance service providers, must comply with the ADs issued by CASA. This compliance involves implementing the required modifications, inspections, or operational limitations specified in the ADs to ensure that the aircraft remain airworthy. Non-compliance with these directives can result in serious safety risks, as the ADs are designed to address identified safety deficiencies or potential hazards in aircraft design, manufacture, or operation. Operators must ensure that their aircraft are maintained in accordance with the ADs, and this often involves updating maintenance schedules, conducting necessary repairs, and ensuring that all personnel are aware of the AD requirements.
Breaching the requirements set out in an airworthiness directive can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, operators who fail to comply with an AD can be subject to enforcement actions by CASA, which may include fines, suspension or revocation of air operator certificates, and other administrative penalties. In more severe cases, where the non-compliance results in an accident or serious incident, individuals and companies can face criminal charges, leading to substantial fines and imprisonment. The seriousness of these penalties underscores the critical importance of adhering to ADs to ensure the highest standards of aviation safety.