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 89-017-017(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 42/11, 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 comprehensive framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments designed to ensure the continuing airworthiness of aircraft types and aeronautical products, aligning with the obligations under the Convention on International Civil Aviation. The Act ensures that CASA, as Australia's national airworthiness authority, can mandate the requirements of foreign ADs issued by States of Design, thereby maintaining the safety standards required by international conventions. This legislative approach facilitates the harmonisation of airworthiness regulations across different jurisdictions, ensuring consistent safety standards are upheld globally.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) in the interests of air navigation safety. These regulations empower CASA to issue airworthiness directives concerning specific types of aircraft or aeronautical products under regulation 39.001. The airworthiness directives are legislative instruments subject to disallowance and are made pursuant to section 98 of the Civil Aviation Act 1988. The directives are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for ensuring the continuing airworthiness of aircraft. When a State of Design, such as France in the case of AD 89-017-017(B) R2 affecting ATR 42 model aircraft, issues an airworthiness directive, CASA is mandated to assess and, if necessary, issue an Australian equivalent. In this instance, CASA issued AD/ATR 42/11, which will take effect from 2 August 2007. Notably, because these directives arise from international obligations and specific design state actions, no public consultation is required, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement. The directives are formulated by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must adhere to the requirements set out in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The issuance of ADs is a critical mechanism under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include the assessment and potential issuance of ADs. When a State of Design issues an AD, CASA, acting as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. For instance, following the issuance of AD 89-017-017(B) R2 by the French DGAC for the ATR 42 model aircraft, CASA assessed the AD and issued Australian AD/ATR 42/11, which will take effect on 2 August 2007.
There are specific consequences for non-compliance with airworthiness directives issued under the Civil Aviation Safety Regulations 1998. The Civil Aviation Act 1988 and associated regulations impose civil and criminal penalties for breaches. Non-compliance with an AD can result in significant fines and, in severe cases, criminal charges. The exact penalties are determined by the nature and severity of the breach but can include substantial fines up to thousands of dollars, imprisonment, or both, depending on the seriousness of the non-compliance. CASA has the authority to enforce these penalties to ensure that all aircraft remain airworthy and comply with the required safety standards.