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 2007-0226 affecting 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 42/2, Amendment 1, which will become effective on 25 October 2007. 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the industry. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is driven by international obligations under the Convention on International Civil Aviation, particularly the requirement for the State of Design to ensure the continuing airworthiness of aircraft types and provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue corresponding Australian ADs to maintain the airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. This legislative framework ensures that CASA can mandate safety requirements in line with international standards and obligations, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. ADs, which are legislative instruments, are typically issued in response to airworthiness concerns identified by the State of Design or other ICAO Contracting States, necessitating that CASA, as the State of Registry for Australia, review and implement these directives. The issuance of ADs such as AD/ATR 42/2, Amendment 1, is a direct result of Australia's commitment to international civil aviation safety standards, and these directives apply to aircraft registered in Australia. As ADs are intended to ensure the continuing airworthiness of aircraft and are based on international obligations, they do not require public consultation or a Regulatory Impact Statement. Instead, these directives are developed and issued by CASA to maintain safety standards, reflecting Australia's adherence to global aviation safety protocols.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD, as specified in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, as per section 6 of the Legislative Instruments Act 2003, it is considered a legislative instrument. These directives are pivotal in maintaining the continuing airworthiness of aircraft, which is mandated under Annex 8 to the Convention on International Civil Aviation. In accordance with this international convention, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. This means that when the State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to align with the requirements set by the State of Design.
The obligations placed on the parties governed by this Act are significant and multifaceted. The State of Design, such as France in the case of the ATR 42 model aircraft, must provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, represented by CASA in Australia, must develop or adopt requirements to maintain airworthiness and must act promptly to issue Australian ADs in response to directives from the State of Design. CASA’s role is to assess the information provided by the State of Design, determine its applicability to aircraft on the Australian Register, and subsequently issue a corresponding AD if appropriate. These obligations ensure that the safety standards are uniformly upheld across all ICAO Contracting States, thereby facilitating international civil aviation safety.
The breach of any requirement set out in an AD may lead to severe consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties can be imposed. For instance, CASA has the authority to issue infringement notices for minor breaches, while more serious violations can lead to prosecution in a court, resulting in fines of up to $21,000 for individuals and $105,000 for bodies corporate. Such stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety and integrity of civil aviation operations in Australia.