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 French DGAC has issued AD F-2005-059 affecting ATR 42 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ATR 42/22, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. This Act allows for the creation of regulations that support its objectives, and one such regulation is the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make these regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers 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 Legislative Instruments Act 2003. The overarching policy objective is to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for ensuring airworthiness, and the State of Registry to implement these directives.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes, including the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stated in the Legislative Instruments Act 2003, and are subject to disallowance under the Acts Interpretation Act 1901. The State of Registry of an aircraft, which is Australia in the case of Australian-registered aircraft, is responsible for ensuring the continuing airworthiness of those aircraft, often through the implementation of ADs issued by the State of Design. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This process adheres to Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of States of Design and Registry in maintaining airworthiness. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical in maintaining the airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are a standard form of continuing airworthiness information, essential for ensuring that aircraft meet safety standards internationally.
The obligations imposed by the Act and its regulations are significant for both CASA and the entities it governs. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design, which is responsible for the overall airworthiness of an aircraft type. Once an AD is issued by the State of Design, CASA must evaluate this directive and, if necessary, issue an Australian AD to enforce the requirements within the Australian jurisdiction. This ensures that Australian aircraft meet international safety standards and are airworthy.
Failure to comply with the requirements set out in an AD can result in serious consequences. The Act and its regulations impose strict obligations on aircraft operators and owners to adhere to ADs. Non-compliance can lead to severe civil and criminal penalties. For instance, if an aircraft is operated in a manner that does not comply with an AD, the operator may face fines and other sanctions. Additionally, CASA can take enforcement actions, including grounding the aircraft or taking legal action against the operator. The penalties for non-compliance can be severe, with maximum fines and potential imprisonment depending on the severity of the breach.
Under the Civil Aviation Safety Regulations 1998, the issuance of ADs is a formal process that ensures compliance with international safety standards. The ADs are developed in response to safety concerns identified by the State of Design and are mandated by international conventions such as the Convention on International Civil Aviation. This process ensures that aircraft are maintained to the highest safety standards, and any deviations from these standards are addressed promptly through regulatory action. The ADs play a crucial role in maintaining the safety and airworthiness of aircraft operating in Australia.