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 2009-0075 affecting Airbus A330 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A330/88, Amendment 1, which will become effective on 4 June 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations for the purposes of the Act, with a focus on the safety of air navigation. Specifically, section 98 of the Act allows for the creation of regulations that are essential for maintaining airworthiness standards. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are regulatory instruments used to address safety concerns regarding specific types of aircraft or aeronautical products. These directives, as outlined in regulation 39.001, are issued by the Civil Aviation Safety Authority (CASA) to mandate corrective actions or maintenance requirements to ensure the continuing airworthiness of aircraft. The objective of these regulations is to align with international standards and ensure the safety and uniformity of civil aviation practices across Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain the safety standards in the aviation industry as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. ADs are issued by the State of Design and adopted or mandated by the State of Registry, with CASA acting as Australia’s national airworthiness authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia. The issuance of ADs is a critical mechanism for enforcing compliance with safety regulations, as demonstrated by CASA’s assessment and subsequent issuance of Australian AD/A330/88, Amendment 1, in response to the European Aviation Safety Authority’s AD 2009-0075. These directives apply to all entities involved in the design, manufacturing, and operation of affected aircraft within Australia’s jurisdiction, ensuring a uniform approach to air safety across the industry.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 allow for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001, with subregulation 39.001(5) establishing that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. These directives are intended to ensure the continuing airworthiness of aircraft types and aeronautical products, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. In this specific instance, CASA has issued Australian AD/A330/88, Amendment 1, in response to EASA's AD 2009-0075, which affects Airbus A330 model aircraft.
The obligations imposed on parties governed by the Civil Aviation Safety Regulations 1998 include the State of Design's responsibility for the continuing airworthiness of an aircraft type, which entails providing necessary information to appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards and comply with relevant regulations.
Under the Civil Aviation Safety Regulations 1998, there are no specific offences or penalties mentioned for breach of airworthiness directives. However, failure to comply with an AD could lead to severe consequences under other sections of the Civil Aviation Act 1988, such as prosecution for endangering safety of air navigation. In such cases, the maximum penalties for offences can include substantial fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. It is crucial for operators, owners, and maintainers of aircraft to adhere to ADs to avoid potential legal repercussions and ensure the continued safety of air navigation.