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 French DGAC has issued AD F-2003-392(B) affecting some Airbus A330 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A330/87, which will become effective on 5 June 2008.
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 to ensure the safety of air navigation, empowers the Governor-General to create regulations that serve this purpose. In line with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, are instrumental in maintaining the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including Australia. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and, when necessary, issues corresponding Australian ADs to enforce these requirements. The process of issuing such directives is integral to Australia's compliance with international civil aviation conventions and is conducted without public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which extend the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products to ensure their safety in air navigation. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are necessary to fulfil Australia's obligations under the Convention on International Civil Aviation. The scope of these directives applies to all aircraft registered in Australia, with CASA acting as the national airworthiness authority. This means that when a State of Design, such as France for the Airbus A330, issues an AD, CASA is mandated to evaluate this information and issue a corresponding Australian AD if appropriate. This jurisdictional application ensures that Australian aircraft meet international safety standards and comply with continuing airworthiness requirements. Notably, ADs are issued without public consultation, as they are a direct response to international safety mandates and do not require a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for 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 ADs for types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These regulations are designed to ensure that the State of Registry, in this case CASA, maintains the continuing airworthiness of aircraft registered in Australia.
Under the Civil Aviation Safety Regulations 1998, CASA has a specific obligation to assess and, if necessary, issue ADs that align with those issued by the State of Design. This obligation is further reinforced by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design. For instance, when the French DGAC issued AD F-2003-392(B) for certain Airbus A330 models, CASA assessed the directive and subsequently issued Australian AD/A330/87. This ensures that the requirements set forth by the State of Design are mandated in Australia. The State of Registry must ensure that all aircraft registered within its jurisdiction adhere to these airworthiness requirements.
The Civil Aviation Safety Regulations 1998 impose several requirements on the parties involved. CASA, as the national airworthiness authority, must rigorously assess any AD issued by the State of Design and determine its applicability to aircraft registered in Australia. Once an AD is deemed necessary, CASA must issue the corresponding Australian AD, which then becomes legally binding for the relevant aircraft. The State of Registry, in this case CASA, must also ensure that all aircraft operators are notified of the AD and that compliance is achieved within the stipulated timeframe. Additionally, aircraft operators must adhere to the AD's requirements, including any specified maintenance actions, inspections, or modifications.
Failure to comply with the provisions of an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions, including fines and potential criminal charges. The severity of penalties depends on the nature and extent of the non-compliance. For example, operating an aircraft in violation of an AD could result in substantial fines, and in more severe cases, criminal penalties may be imposed. The specific maximum penalties are not detailed in the given excerpt but generally can include fines and imprisonment, reflecting the critical importance of airworthiness directives in maintaining aviation safety.