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 European Aviation Safety Authority (EASA) has issued AD 2006-0219R2 affecting ATR - GIE Avions de Transport Régional ATR 42 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ATR 42/19, Amendment 2, which will become effective on 15 January 2009. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the overarching need for regulations to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations under section 98, particularly focusing on the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. These ADs are legislative instruments that aim to maintain the airworthiness of aircraft in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must assess and, if necessary, issue ADs to mandate the requirements of the State of Design, ensuring compliance with international obligations and maintaining the safety standards expected by the Australian public.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments that mandate certain safety requirements, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia's case, ensures these requirements are met. In response to an AD issued by the European Aviation Safety Authority for ATR 42 model aircraft, CASA issued AD/ATR 42/19, Amendment 2, effective from 15 January 2009, cancelling and replacing previous directives. Given the international nature of this regulation and its alignment with the Convention on International Civil Aviation, no public consultation was conducted, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations provide the legal framework for ensuring the safety and airworthiness of aircraft in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs serve as a means for states to communicate necessary information to ensure the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the design of an aircraft, must provide any necessary information to ensure the continuing airworthiness of that aircraft type. This information is typically communicated through ADs. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) for the ATR 42 model aircraft, CASA must assess this information and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet the necessary safety standards.
Failure to comply with the requirements set forth in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence. This can result in civil penalties, including fines, and in some cases, criminal charges. The specific penalties are not detailed in the provided text but generally, the severity of the penalty depends on the nature and extent of the non-compliance. CASA has the authority to enforce these regulations and can take action against individuals or entities that fail to comply with the airworthiness directives. This enforcement is crucial to maintaining the high standards of aviation safety required under Australian law.