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 1995-104-060(B) R1 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 42/8, 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 provide a regulatory framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety. One such regulation, specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and thus are legislative instruments governed by the Legislative Instruments Act 2003. The ADs play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for providing necessary information to ensure airworthiness. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, ensuring compliance and safety standards are met.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. Regulation 39.001 specifically empowers CASA to issue ADs concerning particular kinds of aircraft or aeronautical products. These directives are intended to mandate safety measures and ensure the continuing airworthiness of aircraft, in compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. An AD becomes a legislative instrument once issued, as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to directives from the State of Design, which is responsible for the continuing airworthiness of an aircraft type. In such cases, the State of Registry, in Australia's case, CASA, assesses the information and, if deemed necessary, issues a corresponding Australian AD. For example, following the issuance of AD 1995-104-060(B) R1 by the French DGAC concerning ATR 42 model aircraft, CASA assessed the directive and issued Australian AD/ATR 42/8, effective from 2 August 2007. Given that these directives are issued in response to international obligations and specific State of Design mandates, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Subregulation 39.001(5) explicitly states that an AD is a disallowable instrument under the Acts Interpretation Act 1901, classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework is essential for maintaining the safety and airworthiness of aircraft operating within Australian jurisdiction.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose certain obligations and requirements on the parties and entities they govern. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the airworthiness of the aircraft type to the States of Registry. The State of Registry, which is the country where the individual aircraft is registered, is responsible for ensuring the continuing airworthiness of the aircraft within its jurisdiction. When the State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if necessary, issue a corresponding AD for the aircraft registered within its borders.
Failure to comply with the requirements set forth by an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. For instance, operating an aircraft that does not meet the airworthiness standards specified in an AD can lead to enforcement actions, including fines and potential prosecution. The severity of the penalties can vary, but they are designed to ensure that the safety and airworthiness standards are strictly adhered to, thereby protecting the public and maintaining the integrity of the aviation industry. The specific penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and they can include substantial fines and imprisonment for serious violations.
Given the international nature of airworthiness directives, it is important to note that Australia’s process for issuing such directives is heavily influenced by international agreements and obligations under the Convention on International Civil Aviation. For example, when the French Directorate General for Civil Aviation (DGAC) issued AD 1995-104-060(B) R1 affecting the ATR 42 model aircraft, CASA, as Australia’s national airworthiness authority, was required to assess this directive. CASA subsequently issued Australian AD/ATR 42/8, which became effective on 2 August 2007. Because this AD was issued in response to an international obligation and in line with the requirements set forth by the State of Design, there was no need for public consultation, and the Office of Regulatory Review determined that it did not require a Regulatory Impact Statement. The AD was issued 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.