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 2008-0093 affecting Airbus A330 model aircraft. EASA acts on behalf of France, the State of Design for this type. As a result of a request from industry CASA has amended the AD to clarify inspection periods for aircraft between 4.5 and 6 years old. The revised AD, AD/A330/86, Amendment 3, will become effective on 9 April 2009. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is responsible for assessing and issuing ADs in response to directives from the State of Design or as necessary for aircraft registered in Australia. The issuance of AD 2008-0093 by CASA, affecting Airbus A330 model aircraft, exemplifies the application of these regulations to ensure compliance with international safety standards and domestic requirements. This AD, which clarifies inspection periods for certain aircraft, was made in accordance with the Act and without public consultation, as determined by the Office of Best Practice Regulation not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to the safety of air navigation and empowers the Governor-General to make regulations to ensure this safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The scope of the ADs is extensive as they are mandated by the State of Design, which, according to Annex 8 to the Convention on International Civil Aviation, has the overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which in Australia is CASA, must ensure that these directives are adopted and implemented to maintain airworthiness. In the case of AD 2008-0093 issued by the European Aviation Safety Authority (EASA) for Airbus A330 model aircraft, CASA has amended the directive to include specific inspection periods for aircraft between 4.5 and 6 years old, reflecting Australia’s obligations under international conventions and the specific requirements of the State of Design. This AD, effective from 9 April 2009, cancels and replaces the previous version, AD/A330/86, Amendment 3.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as provided under regulation 39.001 (subsection 5 of regulation 39.001 further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and as legislative instruments under section 6 of the Legislative Instruments Act 2003). This regulatory power is exercised under section 98 of the Civil Aviation Act 1988. ADs are a common mechanism for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for ensuring the airworthiness of a specific aircraft type. Correspondingly, the State of Registry of an individual aircraft, such as CASA in Australia, must ensure that aircraft under its registry remain airworthy and must implement the ADs issued by the State of Design.
Entities governed by this legislation, such as CASA, are obligated to assess and, where appropriate, issue ADs in response to directives from the State of Design, such as EASA in the case of the Airbus A330 model aircraft. This obligation extends to amending and clarifying ADs to suit local operational contexts, as CASA has done with AD 2008-0093, Amendment 3. Such amendments must be made by authorised personnel within CASA, specifically by the Manager, Airframes & Structures in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Furthermore, ADs issued in response to international obligations do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with an AD can result in severe consequences. Non-compliance with mandated airworthiness directives can lead to serious safety issues, and CASA, as the national airworthiness authority, has the power to enforce compliance through various regulatory measures. While specific penalties are not detailed in the text provided, non-compliance with ADs can lead to civil or criminal penalties, including fines and potential grounding of aircraft. The exact nature and severity of penalties depend on the specific circumstances and the discretion of CASA in enforcing the regulations.