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 91-033-038(B) R2 affecting ATR 42 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ATR 42/10, which will become effective on 2 August 2007.
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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations that safeguard air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 were established to provide detailed safety standards. One of these regulations, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments that mandate compliance with airworthiness standards, as stipulated in Annex 8 of the Convention on International Civil Aviation. In response to a French AD affecting ATR 42 model aircraft, CASA issued Australian AD/ATR 42/10, effective from 2 August 2007. Given the international nature of such directives and their alignment with global aviation safety standards, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary. This AD was promulgated by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as amended, provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act and in the interests of the safety of air navigation, which includes the issuance of ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, and subregulation 39.001(5) stipulates that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can mandate requirements for the continuing airworthiness of aircraft registered in Australia in alignment with international standards. The issuance of these directives is necessitated by Australia's obligations under international civil aviation conventions, such as Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design for continuing airworthiness and mandates the sharing of necessary information with States of Registry. Consequently, when a State of Design issues an AD, CASA must assess and, if appropriate, issue an Australian AD, as seen in the case of the French DGAC's AD 91-033-038(B) R2 affecting ATR 42 model aircraft, which led to the issuance of Australian AD/ATR 42/10 by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the safety of air navigation, and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003 and are governed by section 46A of the Acts Interpretation Act 1901. Such directives are critical for maintaining the airworthiness of aircraft and are issued by most ICAO Contracting States.
Under the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the State of Registry to ensure ongoing airworthiness. The State of Registry must develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. In Australia, CASA is the national airworthiness authority and must assess ADs issued by the State of Design, such as the French DGAC's AD 91-033-038(B) R2 for the ATR 42 model aircraft. CASA then issues Australian ADs, such as AD/ATR 42/10, to enforce the requirements of the State of Design.
The obligations imposed by these provisions are twofold: the State of Design must issue ADs to address airworthiness concerns, and the State of Registry, in this case CASA, must assess and implement these directives. The ADs serve as a legal mandate to ensure that aircraft maintain their airworthiness standards. Since the ADs are issued due to international obligations and in response to directives from the State of Design, there is no requirement for public consultation. The Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement.
In terms of consequences, any breach of the requirements set forth in the ADs can lead to civil or criminal penalties. Although the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives is generally considered a serious offence, potentially resulting in hefty fines or imprisonment, depending on the severity of the breach and the jurisdictional laws. CASA has the authority to enforce compliance and may take action against operators who fail to adhere to the ADs.