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 89-138-024(B)R1 affecting ATR 42-300 and -320 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/ATR 42/4, 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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring safety, efficiency, and economic development in the aviation industry. This legislation was introduced to address the need for a robust regulatory system that could accommodate the complexities of modern aviation, including the regulation of aircraft, personnel, and aviation operations. The Act was enacted by the Parliament of Australia and aims to ensure that civil aviation activities in Australia are conducted in a manner that safeguards public safety and national security. Regulation 39.001 of 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, ensuring adherence to safety standards. The ADs are a legislative instrument and are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Pursuant to section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations, CASA has the authority to issue ADs concerning specific types of aircraft or aeronautical products to maintain airworthiness. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are essential for ensuring that aircraft meet continuing airworthiness standards. The State of Design is primarily responsible for the airworthiness of an aircraft type, and the State of Registry must ensure that individual aircraft meet safety requirements. Consequently, when a State of Design issues an AD, CASA is obligated to evaluate and, if necessary, issue an Australian AD to enforce the requirements of the original AD. This process ensures that Australian-registered aircraft comply with international safety standards set by the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, as detailed in regulation 39.001(5). Under this regulation, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, which are subsequently classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are pivotal in ensuring the continuing airworthiness of aircraft types, in line with international obligations under Annex 8 to the Convention on International Civil Aviation. In accordance with this Annex, the State of Design is tasked with the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is required to establish or adopt measures to ensure that individual aircraft remain airworthy. When a State of Design issues an AD, CASA must evaluate this directive and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design.
The obligations imposed by these provisions are significant for both CASA and the State of Registry. CASA must rigorously assess any AD issued by the State of Design to determine its applicability and necessity for Australian-registered aircraft. This assessment process ensures that the AD aligns with Australian safety standards and operational requirements. The State of Registry, on the other hand, must ensure that all aircraft within its jurisdiction comply with the ADs that have been issued. This includes implementing the necessary modifications, inspections, and maintenance procedures as specified in the ADs, thereby maintaining the airworthiness of the aircraft fleet.
Failure to comply with the requirements set forth in an AD can result in substantial legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines up to a specified amount, as well as criminal penalties for more severe breaches. These penalties serve as a deterrent to ensure that all stakeholders adhere to the stringent safety standards established by the ADs. Additionally, non-compliance can result in the grounding of affected aircraft, which not only poses a direct safety risk but also has broader implications for the aviation industry, including potential damage to an airline's reputation and financial loss. Therefore, both CASA and the State of Registry have a vested interest in ensuring that ADs are meticulously followed to uphold the highest safety standards in civil aviation.