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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/ATR 42/19 Amdt 2 affecting Avions de Transport Regional ATR 42 series aeroplanes. The EASA issued AD 2009-0242 on 18 December 2009 which supersedes the requirements of AD/ATR 42/19 Amdt 2 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these aircraft. The cancellation will become effective on 12 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing various aspects of aviation safety, including the issuance of airworthiness directives to ensure the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98, facilitating the creation of rules that align with the Act’s safety objectives. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The Act and its regulations are designed to ensure that Australia meets its international obligations under the Convention on International Civil Aviation, particularly in relation to the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness. This legislative framework is crucial for CASA to mandate necessary safety measures, as demonstrated by the issuance and subsequent cancellation of AD/ATR 42/19 Amdt 2, reflecting the dynamic nature of aviation safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are legislative instruments subject to disallowance as per the Acts Interpretation Act 1901, and their creation is governed by the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design is responsible for the airworthiness of an aircraft type and must provide necessary information to States of Registry, which then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. CASA, as Australia’s national airworthiness authority, is tasked with assessing this information and issuing Australian ADs as appropriate. The ADs issued on or after 1 October 2009 are defined under Part 39.001A of the Civil Aviation Safety Regulations. For instance, CASA issued an AD for ATR 42 series aeroplanes, which has since been superseded by a European Union Aviation Safety Agency (EASA) AD on behalf of France, the state of design for these aircraft. The cancellation of the previous AD took effect on 12 January 2010, with no consultation with the Australian public and no requirement for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to establish regulations for the Act's purposes and in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft types or aeronautical products. These ADs serve as a legislative instrument, as stated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are recognised as such under the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to assess and potentially issue ADs when the State of Design issues them for aircraft on the Australian Register. This obligation ensures the continuing airworthiness of aircraft registered in Australia, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Design, such as France for the ATR 42 series aeroplanes, must provide necessary information for maintaining airworthiness, which CASA then evaluates and may adopt through an Australian AD. This interplay between the State of Design and the State of Registry ensures a coordinated approach to maintaining the safety and airworthiness of aircraft.
Failure to comply with the requirements set out in an AD can lead to significant consequences. Under the Civil Aviation Act 1988, violations can result in civil penalties, including fines, and potentially criminal penalties if the non-compliance leads to safety breaches. The specific penalties depend on the severity of the breach and are determined in accordance with the regulatory framework. Additionally, non-compliance can lead to aircraft being grounded until the necessary actions are taken to meet the AD requirements, thereby impacting aviation operations.
CASA issued AD/ATR 42/19 Amdt 2 for ATR 42 series aeroplanes, which has since been superseded by EASA AD 2009-0242. The cancellation of AD/ATR 42/19 Amdt 2, effective from 12 January 2010, was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA. This process highlights the importance of adhering to updated airworthiness directives to maintain safety standards. The legislative and regulatory framework ensures that any changes or cancellations in ADs are properly managed and communicated to relevant stakeholders.