CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 Emergency AD UF-2005-102 affecting AS 355 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued AD/AS 355/88 which will become effective on 20 June 2005.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The policy objective of the Act is to maintain high safety standards in the aviation industry, in line with international conventions such as the Convention on International Civil Aviation.
Under the authority conferred by the Civil Aviation Act, CASA issued Airworthiness Directive AD/AS 355/88 in response to an emergency directive issued by the French Direction Générale de l'Aviation Civile (DGAC). This directive addresses specific safety concerns related to AS 355 model aircraft, ensuring compliance with international obligations and the continuing airworthiness of aircraft registered in Australia. Given the international nature of the directive and its basis in an emergency measure, no public consultation was required, and it was determined that a Regulatory Impact Statement was not necessary. The directive was issued under the authority of the Act by CASA, reflecting the legislative intent to uphold safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These directives apply to all aircraft and aeronautical products within Australia, ensuring that the safety of air navigation is maintained in accordance with the overarching obligations of Australia under the Convention on International Civil Aviation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specified kinds of aircraft or aeronautical products. The ADs are legislative instruments that become enforceable upon issuance, and they are tailored to ensure compliance with the continuing airworthiness requirements as set out by the aircraft's State of Design and the State of Registry. The jurisdictional reach of these directives is national, extending to all aircraft registered in Australia, regardless of the aircraft's type or operational context. While ADs are generally issued in response to findings by the State of Design and do not require public consultation or a Regulatory Impact Statement, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of these directives is a critical function of CASA, reflecting its responsibility under international conventions to uphold the highest standards of aviation safety.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations that promote the safety of air navigation. This foundational provision allows for the creation of specific rules and guidelines to ensure that air travel is conducted safely and efficiently. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further details that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as crucial instruments for maintaining the safety standards of aircraft and aeronautical products. Subregulation 39.001(5) clarifies that ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. This classification underscores the regulatory and statutory importance of ADs in the aviation sector.
The obligations imposed by the Act and accompanying regulations are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for ensuring that the aircraft type remains airworthy. This includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. For example, when the French Directorate General for Civil Aviation (DGAC) issues an emergency AD for an AS 355 model aircraft, CASA must assess this information and, if necessary, issue a corresponding Australian AD. This ensures that the safety requirements set by the State of Design are enforced within Australia's aviation sector. CASA’s role in this process is pivotal, as it acts as the national airworthiness authority, ensuring compliance with both international and domestic safety standards.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, leading to potential civil or criminal penalties. The exact penalties are not specified in the given text, but generally, penalties for aviation-related offences can include fines and, in more severe cases, imprisonment. The seriousness of these consequences highlights the importance of adhering to ADs, which are designed to prevent accidents and maintain the highest safety standards in aviation. The legislative framework thus ensures that both regulatory bodies and aircraft operators are held accountable for maintaining airworthiness.