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 European Aviation Safety Authority (EASA) has issued AD 2009-0070 affecting British Aerospace BAe 146 and Avro 146-RJ model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/107, Amendment 3, which will become effective on 7 May 2009. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as a foundational statute governing civil aviation in Australia. This Act empowers the Governor-General to make regulations in the interests of air navigation safety, thus ensuring that aviation practices align with stringent safety standards. Complementing the Civil Aviation Act are the Civil Aviation Safety Regulations 1998, which provide further detail and operational guidance for maintaining safety in aviation. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and international conventions. This legislative framework aims to maintain high safety standards in the aviation industry, fulfilling Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. These directives are issued under the authority of regulation 39.001 and are considered legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is broad, covering all aircraft registered in Australia, and aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. In this context, CASA, as Australia's national airworthiness authority, must act upon ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA), to ensure compliance and safety standards are met within Australia. The issuance of these directives is governed by international agreements and does not require public consultation or a Regulatory Impact Statement, reflecting the critical nature of ensuring air safety and the binding obligations under international conventions.
Key Provisions
The Civil Aviation Act 1988, in conjunction with 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 (sections 98 and 39.001). These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues these directives, and the State of Registry must ensure the aircraft’s ongoing airworthiness in accordance with Annex 8 of the Convention on International Civil Aviation. In response to an AD issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For example, following the issuance of EASA AD 2009-0070 for British Aerospace BAe 146 and Avro 146-RJ model aircraft, CASA issued Australian AD/BAe 146/107, Amendment 3, effective from 7 May 2009.
The obligations under this Act and regulations require the State of Design to provide necessary information for the continuing airworthiness of an aircraft type to the State of Registry. CASA, as the national airworthiness authority, must assess this information and issue appropriate ADs. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. These obligations ensure that all aircraft registered in Australia meet the safety standards prescribed by the relevant State of Design and enforced by CASA. The ADs issued by CASA must be consistent with the ADs of the State of Design and must be implemented by the operators of the affected aircraft to maintain their airworthiness.
Any breach of the requirements set out in the ADs can result in serious consequences, including the grounding of the affected aircraft, which can lead to significant operational disruptions and potential safety hazards. While the specific penalties for non-compliance are not detailed in the text, the serious nature of aviation safety regulations suggests that penalties could include fines, imprisonment, or both, depending on the severity of the breach. The ADs are designed to ensure that aircraft remain airworthy and safe to operate, and any failure to comply can have severe legal and safety repercussions.