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 93-190-051(B) 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 42/9, 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, enacted by the Australian Parliament, is the primary piece of legislation governing civil aviation in Australia. This Act was introduced to ensure the safety of air navigation and establish a comprehensive regulatory framework for civil aviation operations. One significant aspect of this Act is its provision for the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft, in alignment with the obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, plays a pivotal role in assessing and issuing these directives to mandate safety requirements, particularly in response to ADs issued by the States of Design, such as the recent Australian AD/ATR 42/9 for ATR 42 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and can be issued in response to international obligations under the Convention on International Civil Aviation, specifically when a State of Design issues an AD that affects aircraft on the Australian Register. CASA, as the national airworthiness authority, must assess the international AD and, if necessary, issue a corresponding Australian AD to mandate the required measures. For example, following the issuance of a French airworthiness directive affecting ATR 42 model aircraft, CASA issued an Australian AD, which is a direct result of Australia's international commitments and does not require public consultation or a Regulatory Impact Statement. This mechanism ensures that the continuing airworthiness of aircraft registered in Australia aligns with international safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the authority for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The process of issuing these directives is crucial for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions are significant for both CASA and the States of Design and Registry. The State of Design, in this case France, is responsible for the continuing airworthiness of the ATR 42 model aircraft and must provide necessary information to ensure compliance with international safety standards. The State of Registry, represented by CASA in Australia, is required to assess the information provided by the State of Design and, if necessary, issue corresponding ADs to enforce the requirements within their jurisdiction. CASA must ensure that the continuing airworthiness of the aircraft on the Australian Register is maintained according to the directives issued by the relevant State of Design.
Failure to comply with the ADs can lead to serious consequences. Under section 90A of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such an offence can include fines and imprisonment. Specifically, individuals may face fines of up to $22,200 and imprisonment for up to two years, while corporations may be fined up to $111,000. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and the well-being of all those involved in civil aviation.