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 2008-0092R1 affecting 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 146/116, Amendment 1, which will become effective on 3 July 2008. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was designed to ensure the safety of air navigation and provide a framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the Act's purposes, particularly in relation to the safety of air navigation. In accordance with the Act, the Civil Aviation Safety Regulations 1998 were established, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain the continuing airworthiness of aircraft. These ADs, which are legislative instruments, are issued in response to obligations under international agreements such as the Convention on International Civil Aviation, and are intended to ensure harmonisation with other ICAO Contracting States. The policy objective of this legislation is to uphold the highest standards of safety in civil aviation through consistent and effective regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with the overarching objectives of the Civil Aviation Act 1988. These directives are crucial for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The ADs are applicable to all aircraft of the specified types registered in Australia, and their implementation is mandatory for aircraft operators, manufacturers, and other relevant entities. The geographical scope of these regulations is national, with CASA acting as Australia's national airworthiness authority. Although the ADs are legislative instruments subject to disallowance, they do not require public consultation or a Regulatory Impact Statement as they are issued in response to directives from the State of Design, in this case, the United Kingdom for the BAe 146 and Avro 146-RJ models. The ADs issued by CASA directly reflect the requirements outlined by the State of Design, ensuring consistent safety standards across international borders.
Key Provisions
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) (section 98 and regulation 39.001). These directives serve as legislative instruments under section 6 of the Legislative Instruments Act 2003 and are critical for maintaining the continuing airworthiness of aircraft types registered in Australia. The State of Design, responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure safety, which is then assessed and, if necessary, adopted by the State of Registry, in this case CASA (Annex 8 to the Convention on International Civil Aviation).
Under these regulations, CASA is required to evaluate any ADs issued by the State of Design and determine if they need to be adopted or adapted for Australian conditions. If an AD from the State of Design is considered necessary, CASA issues a corresponding Australian AD to enforce the required safety measures. This process ensures that all aircraft registered in Australia comply with international safety standards. For instance, following the European Aviation Safety Authority's (EASA) AD 2008-0092R1 for BAe 146 and Avro 146-RJ models, CASA issued AD/BAe 146/116, Amendment 1, effective from 3 July 2008, replacing the previous directive.
Compliance with these ADs is mandatory for the operators of affected aircraft. Failure to adhere to the specified requirements can result in severe penalties. Under the Civil Aviation Act 1988, violations of ADs can lead to substantial fines and imprisonment. Specifically, section 50 imposes a maximum penalty of $21,000 for individuals and $105,000 for bodies corporate for each instance of non-compliance. Moreover, CASA has the authority to issue infringement notices for breaches, which can carry fines of up to $6,300 for individuals and $31,500 for bodies corporate. These stringent measures underscore the importance of adhering to ADs to maintain the safety and integrity of air navigation in Australia.