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 F-2005-106 affecting ATR 42 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ATR 42/5, 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 Manager, Airframes 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 ensure the safety of air navigation and to provide a legislative framework for the regulation of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these directives, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The authority to issue these directives is derived from section 39.001 of the Civil Aviation Safety Regulations 1998, with such directives being classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. This legislative framework aligns with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia’s civil aviation practices meet global safety requirements.
Scope and Application
The Civil Aviation Act 1988, specifically under 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. This legislative instrument applies to all aircraft registered in Australia and is designed to ensure the continuing airworthiness of these aircraft in alignment with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are mandatory for compliance by the State of Registry, which, in the case of Australian-registered aircraft, is CASA. This legislative framework extends its reach to all stakeholders involved in the aviation industry, including aircraft manufacturers, operators, and maintenance service providers, ensuring they adhere to safety standards set forth by the relevant State of Design and, where applicable, translated into Australian ADs by CASA. The issuance of these directives is governed by Australia’s obligations under the Convention on International Civil Aviation, and thus, no public consultation is required. The ADs become effective as determined by CASA, ensuring the safety of air navigation across Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) (sections 98, 39.001, and 39.001(5)). ADs are legislative instruments that are essential for ensuring the ongoing airworthiness of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. The authority to issue these directives stems from the State of Design’s responsibility to provide information necessary for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. When CASA receives an AD from a State of Design, such as the French DGAC’s AD F-2005-106 for the ATR 42 model, CASA must evaluate the information and issue a corresponding Australian AD if necessary, as seen with AD/ATR 42/5.
The obligations imposed by the Act and Regulations require CASA to act on ADs issued by the State of Design to ensure compliance with international standards. The State of Design, such as France for the ATR 42 model, must provide necessary information to maintain airworthiness. CASA must then assess this information and, if appropriate, issue a corresponding Australian AD to mandate the requirements. The State of Registry is also responsible for the continuing airworthiness of individual aircraft. This means that States of Registry must develop or adopt requirements to ensure that aircraft remain airworthy, and when a State of Design issues an AD, it is the State of Registry’s responsibility to implement those requirements through Australian ADs.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with ADs can result in civil and criminal penalties. Civil penalties can include fines and other financial penalties, while criminal penalties can include imprisonment, reflecting the seriousness of maintaining airworthiness to ensure safety. The exact penalties depend on the severity of the breach and are determined by the courts. Ensuring compliance with ADs is critical to maintaining the safety standards required under international and domestic aviation laws.