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 UK CAA has issued AD G-2005-0019 affecting BAe 146 and Avro 146-RJ model aircraft. The UK is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/116, which will become effective on 29 July 2005.
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 for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations in the interest of the safety of air navigation. One of the key provisions of this Act is the ability to issue airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which is a legislative instrument under the Legislative Instruments Act 2003. ADs are a critical mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing these directives when necessary, particularly in response to directives issued by the State of Design, such as the UK Civil Aviation Authority (CAA) in this instance.
In this specific case, the UK CAA issued AD G-2005-0019 affecting BAe 146 and Avro 146-RJ model aircraft, which CASA has assessed and subsequently issued as Australian AD/BAe 146/116. This Australian AD, set to become effective on 29 July 2005, is a direct response to Australia's obligations under the Convention on International Civil Aviation and the need to maintain the safety standards of aircraft registered in Australia. Given the international nature of the directive and its alignment with existing regulations, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under this Act, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The authority to issue ADs is grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to States of Registry. Consequently, CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs to enforce the requisite safety measures. The ADs are applicable to entities and persons involved in the operation of affected aircraft types registered within Australia, extending to ensuring compliance with international safety standards. While ADs are legislative instruments subject to disallowance, they are typically issued without public consultation or a Regulatory Impact Statement, reflecting their urgent and critical nature in maintaining aviation safety.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that enhance the safety of air navigation. Complementing this, 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 serve as legislative instruments, as indicated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, further validated by section 6 of the Legislative Instruments Act 2003.
Under the obligations set forth by the Act and the associated regulations, CASA is tasked with ensuring that aircraft on the Australian Register maintain their airworthiness. This responsibility extends to assessing and, when necessary, issuing Australian ADs in response to directives from the State of Design, which, in this case, is the UK for BAe 146 and Avro 146-RJ model aircraft. The State of Registry, in this instance, CASA, must ensure that the aircraft meet the continuing airworthiness requirements as outlined by Annex 8 to the Convention on International Civil Aviation. This includes adopting and enforcing any ADs issued by the relevant State of Design to maintain safety standards.
Failure to comply with the requirements stipulated in an AD can result in significant consequences. While specific penalties are not detailed in the provided text, it is understood that breaches of aviation safety regulations can lead to enforcement actions by CASA. Such actions may include fines, suspension, or revocation of aircraft operating certificates, which can substantially impact the operations of the affected aircraft and their operators. These measures underscore the importance of adhering to ADs to ensure the safety and compliance of aircraft within Australia's jurisdiction.