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 42/2 Amdt 1 affecting Avions de Transport Regional ATR 42 series aeroplanes. The EASA issued AD 2007-0226R1 on 10 November 2009 which supersedes the requirements of AD/ATR 42/2 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France, the state of design for these aeroplanes. The cancellation will become effective on 24 November 2009.
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 establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. Section 98 of this Act empowers the Governor-General to make regulations for the Act's purposes, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, pursuant to this Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and they play a crucial role in maintaining the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The objective of these regulations is to ensure that Australia's airworthiness requirements align with international standards, thereby enhancing aviation safety and efficiency.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives (ADs) for types of aircraft and aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. These regulations apply to the Civil Aviation Safety Authority (CASA) as the national airworthiness authority, which is responsible for assessing information from the State of Design and issuing Australian ADs when necessary. The ADs are legislative instruments subject to disallowance and are aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The application of these regulations extends to all aircraft on the Australian Register, ensuring that they meet the continuing airworthiness standards set forth by the State of Registry and the State of Design. Notably, the issuance and cancellation of ADs are conducted without public consultation, and the Office of Best Practice Regulation has determined that these directives do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to create regulations to ensure the safety of air navigation, which is a fundamental aspect of civil aviation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process ensures that all aircraft in operation meet required safety standards, thus maintaining the safety of air navigation. It's important to note that under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus fall under the definition of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft was designed, bears the primary responsibility for the continuing airworthiness of the aircraft type, including providing necessary information to ensure that the aircraft remains airworthy. This responsibility is in line with Annex 8 to the Convention on International Civil Aviation. Conversely, the State of Registry, where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. For instance, when a State of Design issues an AD for an aircraft type on the Australian Register, CASA must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements.
CASA issued AD/ATR 42/2 Amdt 1 for Avions de Transport Regional ATR 42 series aeroplanes, but this AD was subsequently cancelled following the issuance of AD 2007-0226R1 by the European Aviation Safety Agency (EASA) on 10 November 2009. EASA, acting on behalf of France as the State of Design for these aeroplanes, provided updated safety requirements that superseded the previous AD. The cancellation of AD/ATR 42/2 Amdt 1 became effective on 24 November 2009. It's worth noting that no consultation with the Australian public was conducted regarding this AD cancellation, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 impose specific obligations on various parties involved in the issuance and compliance of ADs. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by States of Design and deciding whether to issue corresponding Australian ADs. Aircraft operators and owners must comply with all applicable ADs to maintain the airworthiness of their aircraft. Failure to comply with ADs can lead to serious safety implications, including potential aircraft groundings. CASA also has the authority to take enforcement actions against non-compliant aircraft operators, including fines, suspension, or revocation of certificates. The specific penalties for non-compliance with ADs can include substantial fines and imprisonment, depending on the severity of the breach and the potential risk posed to air safety.