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 2000-337-079(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 42/14, 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 civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act allows the Governor-General to make regulations for the safety of air navigation, and specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are subject to disallowance. The Act also recognises the role of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft, in accordance with the Convention on International Civil Aviation. CASA’s responsibility includes assessing foreign ADs, such as the French AD 2000-337-079(B) concerning ATR 42 model aircraft, and issuing corresponding Australian ADs, such as AD/ATR 42/14, to enforce the required safety measures. This AD was issued without public consultation due to Australia’s international obligations and has been determined not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments used to ensure the continuing airworthiness of aircraft types registered in Australia. These regulations apply to any person or entity involved in the operation, maintenance, and certification of aircraft within Australia, including aircraft manufacturers, operators, and maintenance service providers. The geographic reach of these regulations is national, extending across all states and territories of Australia. The ADs are issued by the Civil Aviation Safety Authority (CASA) in response to obligations under the Convention on International Civil Aviation and directives issued by the State of Design of the aircraft type. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, as they are considered administrative measures rather than policy changes. The issuance of these directives is a direct consequence of Australia's commitment to international aviation safety standards, ensuring that Australian-registered aircraft meet the necessary safety requirements as mandated by the State of Design.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The authority to issue these directives is further delineated by subregulation 39.001(5), which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003.
Entities governed by these regulations face certain obligations and requirements. The State of Design, which is the country where the aircraft was designed, bears the overall responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide any necessary information to the States of Registry. The States of Registry, which are the countries where the individual aircraft are registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. In Australia, CASA acts as the national airworthiness authority, tasked with assessing any ADs issued by the State of Design and issuing Australian ADs if appropriate.
Failure to comply with the ADs can result in various legal consequences. The specific provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the potential penalties for non-compliance, which could include civil or criminal sanctions. While the text does not detail the exact penalties, it is evident that non-compliance with ADs could lead to serious ramifications for aircraft operators and manufacturers. The issuance of an AD does not require public consultation, as it is grounded in international obligations and responses to directives from the State of Design, ensuring that regulatory processes are streamlined and focused on maintaining air safety.