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 87-091-006(B) R1 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 42/12, 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, ensuring the safety and efficiency of air navigation. One significant aspect of this Act is its delegation to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical for maintaining the continuing airworthiness of aircraft and are mandated by Australia's obligations under the Convention on International Civil Aviation. In accordance with Annex 8, the State of Design, such as France for the ATR 42 model aircraft, has the responsibility to issue ADs, and CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. This legislative framework ensures that Australia complies with international standards and maintains high safety benchmarks in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered disallowable instruments under the Acts Interpretation Act 1901. This legislative framework is designed to align with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In practice, when the State of Design issues an AD, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the requirements of the State of Design. This particular AD, issued by CASA in response to a French AD affecting ATR 42 model aircraft, was made without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. This overarching authority enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs pertain to specific types of aircraft or aeronautical products, ensuring their continued airworthiness. Moreover, as stipulated in subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this Act and the associated regulations are significant for both the State of Design and the State of Registry. The State of Design, which is the State where an aircraft type is designed, holds the primary responsibility for the continuing airworthiness of that type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the aircraft's continued airworthiness. Conversely, the State of Registry is accountable for implementing the requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, must evaluate the directive and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
In the case of the ATR 42 model aircraft, the French DGAC issued AD 87-091-006(B) R1, with France acting as the State of Design. CASA evaluated this directive and subsequently issued Australian AD/ATR 42/12, effective from 2 August 2007. Given that this AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and in reaction to a directive from the relevant State of Design, no public consultation was conducted. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued 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.
The Act also delineates the consequences of non-compliance with ADs. Any breach of the airworthiness requirements mandated by an AD can result in severe penalties. While specific offences and penalties are not detailed within the provided text, it is understood that non-compliance could lead to enforcement actions under the Civil Aviation Act 1988, which may include administrative, civil, or criminal sanctions. These consequences are intended to ensure that aircraft remain airworthy and safe for operation, thereby safeguarding public safety and maintaining the integrity of the aviation system.