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 2001-614-089(B) 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 42/13, which will become effective on 30 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 the safety and efficiency of civil aviation in Australia. This Act grants the Governor-General the authority to create regulations that safeguard air navigation, thereby ensuring public safety and national security in the aviation sector. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility and the State of Registry ensuring compliance at the individual aircraft level. The issuance of ADs, such as the Australian AD/ATR 42/13 in response to a directive from the French DGAC, reflects Australia’s commitment to international civil aviation standards and its obligation to align national regulations with global best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products in alignment with the overarching Civil Aviation Act 1988. These ADs, which are legislative instruments as defined under section 6 of the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft in accordance with international standards set forth by the International Civil Aviation Organization (ICAO). The ADs are issued in response to obligations under the Convention on International Civil Aviation and reflect the State of Design's responsibility for providing necessary information to maintain airworthiness. Consequently, CASA must assess and, if appropriate, issue corresponding Australian ADs to enforce the requirements set by the State of Design. For instance, following the issuance of AD 2001-614-089(B) by France for ATR 42 model aircraft, CASA issued Australian AD/ATR 42/13, which is set to take effect on 30 August 2007. Given the international nature and specific technical requirements of these directives, they are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The key sections of the Civil Aviation Safety Regulations 1998 relevant to airworthiness directives (ADs) include regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 provides the authority for the Governor-General to make such regulations, ensuring the safety of air navigation. Subregulation 39.001(5) specifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs are formal instruments with legal standing and must be issued in accordance with the law.
The obligations imposed by these regulations on CASA and the State of Registry include ensuring the continuing airworthiness of aircraft registered in Australia. CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The State of Registry must develop or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction. Additionally, the State of Design is responsible for providing necessary information to maintain the airworthiness of aircraft types, a responsibility underscored by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must adhere to these international obligations by assessing and, if appropriate, issuing ADs that reflect the requirements of the State of Design.
Breaching the requirements set out in these ADs can lead to significant consequences. Civil penalties may be imposed for non-compliance, and in severe cases, criminal penalties may apply. The maximum penalties for breaches can include fines and imprisonment, although the specific penalties will depend on the nature and severity of the breach. Additionally, non-compliance with ADs can result in the grounding of affected aircraft until the required actions are taken, potentially disrupting operations and incurring further costs for the operators. The enforcement of these regulations is critical to maintaining the safety standards required by the Civil Aviation Act 1988 and the broader aviation industry.