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 95-126-061(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 42/16, 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 ensure the safety and efficiency of civil aviation in Australia, providing a framework for regulating aircraft operations, safety standards, and the licensing of aviation personnel. The Act empowers the Governor-General to create regulations that serve the interests of safe air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific requirements. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and are subject to disallowance. This legislative framework ensures that Australia adheres to international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which mandates that the State of Design remains responsible for the continuing airworthiness of aircraft types. Consequently, when a State of Design issues an AD, such as the one by France affecting ATR 42 model aircraft, CASA is required to assess and, if necessary, issue a corresponding Australian AD to maintain airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools in ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the State of Registry, which is tasked with ensuring the ongoing airworthiness of individual aircraft. In cases where a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue a corresponding Australian AD to mandate the requirements for aircraft registered in Australia. The issuance of such directives does not necessitate public consultation or a Regulatory Impact Statement, reflecting their technical and regulatory nature.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that are essential for ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) stipulates that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are pivotal for maintaining the ongoing airworthiness of aircraft, a responsibility that rests with the State of Design as per Annex 8 of the Convention on International Civil Aviation. This means that the country where the aircraft was designed holds the primary responsibility for providing necessary information to ensure the safety and airworthiness of that type of aircraft. Correspondingly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In the event that the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The ADs issued by CASA, such as the Australian AD/ATR 42/16, are directly influenced by international obligations under the Convention on International Civil Aviation and the specific ADs issued by the State of Design. In this particular case, the French Civil Aviation Authority (DGAC) issued AD 95-126-061(B) affecting the ATR 42 model aircraft, which CASA assessed and subsequently issued as Australian AD/ATR 42/16. This directive will take effect on 30 August 2007. Given that these directives are issued in compliance with international agreements and in response to directives from the relevant State of Design, no public consultation is required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is not necessary. The AD was 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.
Breaching the requirements set forth in an AD can have serious legal and safety implications. While the Civil Aviation Act 1988 does not explicitly outline specific penalties for non-compliance with ADs, violations can result in significant legal consequences under other provisions of the Act. For example, failing to comply with an AD could lead to charges under sections 16 and 17 of the Act, which pertain to dangerous aircraft and dangerous aeronautical products, respectively. Such offences can result in substantial fines and, in severe cases, imprisonment. Additionally, non-compliance may also lead to enforcement actions by CASA, which can include grounding the aircraft, denying airworthiness certification, or taking other regulatory measures to ensure compliance and public safety.