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 2009-0170 affecting 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 42/27, which will become effective on 22 October 2009.
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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act provides the authority for the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft. The ADs are aligned with international standards under the Convention on International Civil Aviation, where the State of Design holds primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry enforces these standards at the national level. CASA, as Australia’s national airworthiness authority, assesses and issues Australian ADs in response to directives from the State of Design, ensuring compliance with international obligations and maintaining high safety standards within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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. These directives serve to maintain the continuing airworthiness of aircraft and are mandated by Australia's obligations under the Convention on International Civil Aviation. This regulatory framework applies to all aircraft registered in Australia and to entities responsible for the maintenance and operation of such aircraft. The geographic reach of these regulations is national, given CASA's role as Australia's primary authority for civil aviation safety. Notably, while ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, they are not subject to a Regulatory Impact Statement or public consultation, as determined by the Office of Best Practice Regulation. This streamlined process ensures timely responses to international safety mandates, particularly those issued by the State of Design, such as the recent AD 2009-0170 from the European Aviation Safety Authority concerning ATR-42 model aircraft, which CASA has adapted as AD/ATR 42/27.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are essential tools in ensuring that aircraft remain airworthy throughout their operational life. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument, and hence, a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legal status underscores the significance and binding nature of ADs in the aviation safety framework.
The obligations imposed by these regulations are primarily on CASA and the States of Registry. CASA, as Australia’s national airworthiness authority, must assess and act upon ADs issued by the States of Design, such as the European Aviation Safety Authority (EASA) for the ATR-42 model aircraft. Once CASA determines that an AD is necessary, it must issue a corresponding Australian AD. This process ensures that Australian aircraft comply with international safety standards. Additionally, States of Registry are required to implement and enforce these ADs to maintain the continuing airworthiness of aircraft registered within their jurisdictions.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such breaches can lead to substantial penalties, which may include fines and, in severe cases, imprisonment. The exact penalties are determined based on the specific nature and severity of the breach, as outlined in the relevant sections of the Civil Aviation Act and associated regulations. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.
In summary, the Civil Aviation (Safety) Regulations 1998 provide CASA with the authority to issue ADs to ensure the continuing airworthiness of aircraft. These directives are crucial for both CASA and States of Registry to adhere to, ensuring compliance with international standards. Non-compliance with these directives can lead to serious legal consequences, including fines and imprisonment, highlighting the critical role of ADs in aviation safety.