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 EASA has issued AD 2007-0179 affecting Avions de Transport Régional ATR 42 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ATR 42/18, which will become effective on 27 September 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, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of aviation activities. One of the key mechanisms within this Act is the ability for the Governor-General to make regulations that serve the interests of air navigation safety, as outlined in section 98. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is integral to maintaining the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for providing necessary information to States of Registry. CASA, as Australia's national airworthiness authority, evaluates such international directives and issues corresponding Australian ADs when necessary, ensuring compliance with both international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives, which are legislative instruments as defined under the Legislative Instruments Act 2003, are intended to ensure the continuing safety of air navigation. The ADs are issued in response to the obligations Australia has under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness. In the case of the AD/ATR 42/18, CASA has responded to an AD issued by the European Aviation Safety Agency (EASA), which is the State of Design for ATR 42 model aircraft. CASA's issuance of this directive reflects its duty to implement the safety requirements mandated by the State of Design for aircraft registered in Australia. This legislative action is conducted without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is carried out in accordance with the Civil Aviation Act 1988 by the Manager, New Technologies and Systems, within CASA's Airworthiness Engineering Branch.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance and enforcement of airworthiness directives (ADs) (sections 98 and 39.001). According to regulation 39.001(5), an AD is a legislative instrument, meaning it carries the force of law once issued. Under section 6 of the Legislative Instruments Act 2003, these ADs must comply with the legislative process, ensuring they are formally reviewed and approved. The ADs serve as critical tools for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design, such as the European Aviation Safety Agency (EASA) in the case of the ATR 42 model aircraft, bears the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry.
The obligations imposed by the Act and the Regulations require CASA, as Australia’s national airworthiness authority, to evaluate ADs issued by the State of Design and to issue corresponding Australian ADs if deemed necessary. This ensures that all aircraft registered in Australia meet the required safety standards as dictated by the international regulatory framework. The State of Registry, which in this case is Australia, must develop or adopt the requirements of these ADs to maintain the continuing airworthiness of the aircraft. This process ensures that all relevant stakeholders, including aircraft operators and maintenance providers, are made aware of and comply with the mandated safety requirements.
Breaches of the ADs can result in significant legal consequences. Non-compliance with an AD can lead to enforcement actions against the aircraft operator or owner. Under the Civil Aviation Act 1988, CASA can take enforcement actions, including the grounding of non-compliant aircraft and the imposition of fines or other penalties. The severity of the penalties depends on the nature and extent of the non-compliance, but the Act provides for substantial fines and potential criminal charges for serious breaches. The maximum penalties for offences under the Act can include significant financial penalties and imprisonment, reflecting the critical importance of air safety and the potential consequences of non-compliance.