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 US FAA has issued AD 2007-26-01 affecting Thrush S2R model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC-SNOW/26, which will become effective on 23 January 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 by the Australian Parliament, governs civil aviation safety in Australia. The Act aims to ensure the safety of air navigation and provides a framework for the regulation of airworthiness. Among its provisions, the Act empowers the Governor-General to make regulations for the purposes of the Act, and it specifies that airworthiness directives (ADs) can be issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate safety requirements for types of aircraft or aeronautical products, and they are subject to disallowance under the Acts Interpretation Act 1901. In the interests of international coordination, Australia adheres to the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. As the national airworthiness authority, the Civil Aviation Safety Authority (CASA) is tasked with assessing ADs issued by States of Design and, if appropriate, issuing corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, ensuring adherence to safety standards. The ADs are considered legislative instruments, and their issuance is in line with international obligations under the Convention on International Civil Aviation, particularly through Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing foreign ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs to mandate these safety requirements. This process is exemplified by the issuance of Australian AD/AC-SNOW/26 in response to the US Federal Aviation Administration's AD 2007-26-01 for the Thrush S2R model aircraft. This Australian AD, which becomes effective on 23 January 2008, was issued without public consultation, as it is a response to international obligations and does not require a Regulatory Impact Statement. The AD is issued under the authority of the Act by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the safety interests of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 further clarifies that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations on the parties governed by them are significant. The State of Design, which is the State where the aircraft type is designed, holds the primary responsibility for ensuring the continuing airworthiness of that type of aircraft. This responsibility includes providing necessary information to the States of Registry, which are the States where the individual aircraft are registered. CASA, acting as Australia's national airworthiness authority, must assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that Australian aircraft comply with international safety standards as outlined in Annex 8 of the Convention on International Civil Aviation.
Breach of the obligations outlined in the Act and the Regulations can lead to serious consequences. While the specific offences and penalties are not detailed within the provided text, it is understood that failure to comply with ADs can result in civil or criminal penalties. Typically, such breaches can lead to fines, imprisonment, or both, depending on the severity and circumstances of the offence. The exact penalties are usually stipulated in the regulations or other related legislation but are not specified in the given text. It is crucial for parties governed by these provisions to adhere strictly to the issued ADs to avoid any legal repercussions.