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 EASA issued 2009-0159-E, affecting ATR 42 and ATR 72 aircraft, in 2009. EASA is the State of Design for these types. As an ATR 72 aircraft has arrived on the Australian register and there are no other Australian ADs for ATR 72 aircraft, CASA has amended the equivalent Australian AD to remove the ATR 72 from the applicability. This will enable the ATR 72 operator(s) to comply with EASA ADs for the aircraft. The amended AD, AD/ATR 42/26 Amdt 1, will become effective on
19 August 2011. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/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, enacted by the Australian Parliament, serves as the primary legislative framework governing civil aviation safety in Australia. This Act, along with 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. Section 98 of the Act allows the Governor-General to make these regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically provides the authority for CASA to issue ADs. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring they meet the necessary legal standards. The issuance of these directives is driven by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for the continuing airworthiness of aircraft types with the State of Design and requires States of Registry to implement necessary measures. In the case of ATR 42 and ATR 72 aircraft, CASA issued an amended AD to align with the European Aviation Safety Agency’s directives, demonstrating the international coordination required to maintain air safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The scope of these regulations is primarily national, reflecting Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry. CASA is tasked with assessing ADs issued by the State of Design and, where necessary, issuing equivalent Australian ADs to maintain airworthiness standards. In the case of the ATR 42 and ATR 72 aircraft, CASA amended an existing AD to exclude the ATR 72, aligning with European Union Aviation Safety Agency (EASA) directives, given the ATR 72's presence on the Australian register. This action ensures that operators comply with international standards while maintaining safety protocols specific to Australian conditions. Notably, due to the international nature of these directives, there was no public consultation required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was unnecessary.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This is a critical provision under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for air navigation safety. ADs serve as formal orders mandating compliance with specific safety standards or practices to ensure the continuing airworthiness of aircraft. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on parties and entities include adherence to the requirements set out in the ADs. CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design and, when necessary, issue corresponding Australian ADs. This ensures that the standards and practices outlined in international ADs are implemented domestically. Additionally, the State of Registry for an aircraft must develop or adopt requirements to ensure the aircraft's continuing airworthiness, aligning with Annex 8 of the Convention on International Civil Aviation. Operators of affected aircraft must comply with these ADs to maintain the safety and airworthiness of their aircraft.
Violations of ADs can lead to serious consequences. While the specific penalties are not detailed in the provided text, breaches of airworthiness directives generally carry significant civil and criminal penalties. These can include substantial fines and, in severe cases, imprisonment. The seriousness of these penalties underscores the importance of compliance with ADs in maintaining aviation safety standards. The authority to issue these directives is rooted in international obligations, particularly under the Convention on International Civil Aviation, and the failure to comply can result in serious legal repercussions for both operators and manufacturers.