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 2007-0246 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/A330/79, which will become effective on 25 October 2007.
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, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. This Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to ensure that aircraft and aeronautical products meet required safety standards. The ADs are legislative instruments that serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. CASA issues these directives in response to safety concerns identified by the State of Design or other relevant authorities, ensuring compliance with international standards and Australia's obligations under the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, making these directives disallowable instruments as per section 46A of the Acts Interpretation Act 1901. ADs serve as a primary method of ensuring the continuing airworthiness of aircraft types and are typically issued by the State of Design in compliance with Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate any relevant ADs from the State of Design and, when necessary, issue corresponding Australian ADs to enforce the required airworthiness measures. This regulatory framework underscores the international cooperation required to maintain aviation safety standards, with CASA’s issuance of Australian AD/A330/79 in response to EASA’s AD 2007-0246 illustrating this process.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. Section 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. These directives are designed to ensure the safety and airworthiness of aircraft, thereby aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to take responsibility for the continuing airworthiness of aircraft types.
The obligations under the Civil Aviation Safety Regulations 1998 include the necessity for CASA to evaluate any ADs issued by the State of Design, and if deemed appropriate, issue a corresponding Australian AD. This is particularly relevant when an AD is issued by the European Aviation Safety Authority (EASA) for an Airbus A330 model, as in the case of AD 2007-0246. CASA, as the national airworthiness authority, must then review and potentially mandate the requirements of the EASA AD through an Australian AD, such as AD/A330/79. The State of Registry, which in this context is Australia, is obligated to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
The ADs issued by CASA carry significant legal weight, as they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. This means that the ADs must be carefully drafted and reviewed to ensure compliance with both national and international aviation safety standards. Any failure to comply with an AD can lead to serious consequences, including potential enforcement actions by CASA. While the specifics of penalties are not outlined in the provided text, it is clear that non-compliance could result in severe repercussions, given the critical nature of airworthiness directives.
The process of issuing an AD, particularly one in response to an international directive, does not require public consultation as determined by the Office of Best Practice Regulation, and it does not necessitate a Regulatory Impact Statement. The AD is made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. This streamlined process ensures that safety directives can be issued promptly and efficiently to maintain the high safety standards required in the aviation industry.