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, the Civil Aviation Safety Authority (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, or likely to be 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.
In 1996 the French Direction-Generale de l’Aviation Civile (DGAC) issued AD
1996-294(B) to mandate periodic inspection of the main landing gear of Avions de Transport Regional ATR 42 aeroplanes. France is the State-of-Design of the ATR 42 aeroplane. MESSIER-DOWTY issued Service Bulletin (SB) No. 631-32-145 to allow the periodic inspections to be terminated. The DGAC amended AD
1996-294(B) to make it mandatory that SB No. 631-32-145 be carried out eventually on all affected aeroplanes. CASA has decided to issue AD/ATR 42/28 to mandate SB 631-32-145. AD/ATR 42/28 will become effective on 20 May 2011 and will give affected operators until 20 June 2011 to incorporate SB No. 631-32-145.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that support the objectives of the Act, particularly in the interests of safety. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further specify the regulatory requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as legislative instruments that mandate compliance with specific safety measures for aircraft and aeronautical products, ensuring adherence to international standards set by the Convention on International Civil Aviation. The policy objective of this regulatory framework is to maintain and enhance the safety of air navigation by requiring compliance with globally recognised airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to 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. This regulatory mechanism ensures the safety of air navigation in Australia and aligns with the international obligations outlined in Annex 8 to the Convention on International Civil Aviation. An AD is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are critical for maintaining the continuing airworthiness of aircraft, with the State of Design being primarily responsible for issuing such directives, which the State of Registry must then implement. CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue corresponding ADs to enforce the requirements of the State of Design on aircraft registered in Australia or likely to be registered here. This ensures that Australia meets its international obligations and maintains safety standards in civil aviation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a means to ensure the continuing airworthiness of these aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations to safeguard air navigation. The ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs primarily rest on the State of Design, which holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. For Australia, this means CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. The State of Registry, in this case, Australia, is responsible for ensuring the ongoing airworthiness of individual aircraft registered within its jurisdiction. This involves developing or adopting specific requirements to maintain airworthiness standards, which may include implementing ADs issued by the State of Design.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The exact nature and severity of these penalties can vary, but they are designed to enforce adherence to safety standards. CASA has the authority to take enforcement actions against non-compliance, which may include fines, suspension of airworthiness certificates, or other regulatory measures to ensure safety is not compromised.
The issuance of AD/ATR 42/28 by CASA in response to an AD issued by the French Direction-Generale de l’Aviation Civile (DGAC) illustrates the practical application of these provisions. AD/ATR 42/28 mandates the implementation of Service Bulletin (SB) No. 631-32-145 for ATR 42 aeroplanes, setting a deadline for operators to comply. Given the international nature of aviation safety regulations and the necessity to align with ICAO standards, no public consultation was required for this AD, and it does not necessitate a Regulatory Impact Statement. This highlights the streamlined process by which ADs are issued to maintain high safety standards without unnecessary bureaucratic delays.