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 2002-070-090(B)R1 affecting ATR 42-200, 300 and -320 model aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/ATR 42/3, which will become effective on 2 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is the principal statute governing civil aviation in Australia. It provides the legal framework for regulating the safety, efficiency, and orderly development of civil aviation, including air navigation, aircraft operations, and airworthiness. In response to the need for detailed regulations to ensure aviation safety, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance, and are intended to mandate safety requirements in alignment with international standards set by the International Civil Aviation Organization (ICAO). The ADs are a crucial tool for maintaining the continuing airworthiness of aircraft, with CASA, as Australia’s national airworthiness authority, required to issue Australian ADs when necessary to comply with international obligations and ensure safety.
Scope and Application
The Civil Aviation Act 1988 and associated regulations, particularly the Civil Aviation Safety Regulations 1998, establish the framework for airworthiness directives (ADs) in Australia. These directives, issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001, pertain to specific types of aircraft or aeronautical products to ensure compliance with safety standards. An AD is a legislative instrument that can be disallowed under the Acts Interpretation Act 1901 and is subject to review under the Legislative Instruments Act 2003. ADs are issued in response to international obligations under the Convention on International Civil Aviation, specifically under Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the aircraft's ongoing compliance with safety requirements. In the case of Australian-registered aircraft, CASA must assess foreign ADs and, if necessary, issue corresponding Australian ADs to enforce these requirements. This process ensures that Australian aviation maintains international safety standards, and it operates without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this piece of legislation involve the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that CASA may issue ADs for kinds of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft and are legislative instruments under the Legislative Instruments Act 2003. For example, in response to an AD issued by the French Directorate General for Civil Aviation (DGAC) regarding ATR 42-200, 300 and -320 model aeroplanes, CASA has issued Australian AD/ATR 42/3, effective from 2 August 2007.
The obligations imposed by the Act and the Regulations on parties or entities it governs are primarily centred around the assessment and implementation of ADs. CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards set by the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that the requirements of the AD are adhered to by the operators of the affected aircraft. This includes conducting necessary inspections, repairs, and modifications to maintain airworthiness.
The legislation also outlines consequences for non-compliance with ADs. While specific penalties are not detailed in the provided text, breaches of ADs can lead to serious civil and criminal consequences. Failure to comply with an AD can result in the grounding of an aircraft, fines, and potential criminal charges. The severity of the penalties can vary depending on the nature and extent of the non-compliance. CASA has the authority to take enforcement actions against entities that fail to comply with ADs, ensuring that safety standards are upheld in the aviation industry.
In summary, the key provisions of this legislation focus on the issuance and implementation of ADs by CASA to ensure the continuing airworthiness of aircraft. The obligations on CASA and aircraft operators include the assessment and compliance with these directives. Non-compliance can lead to significant civil and criminal consequences, reinforcing the importance of adhering to airworthiness standards.