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-2005-0017 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 146/117, which will become effective on 29 September 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 regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. It empowers the Governor-General to make regulations necessary for the safety of air navigation, as demonstrated in the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. The ADs serve as a legislative instrument to maintain the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The Australian Civil Aviation Safety Authority (CASA) is responsible for assessing international ADs and issuing corresponding Australian ADs when necessary, as seen in the example of AD/BAe 146/117 issued in response to the UK Civil Aviation Authority's AD G-2005-0017. This process underscores Australia's commitment to international cooperation in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General is empowered to make regulations in the interests of safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments and are applicable to specific types of aircraft or aeronautical products registered in Australia. The State of Design, in this case, the United Kingdom for BAE 146 and AVRO 146-RJ models, is responsible for providing necessary information to ensure continuing airworthiness, while the State of Registry, here represented by CASA, must then assess and, if appropriate, mandate these requirements through Australian ADs. This process aligns with international obligations under the Convention on International Civil Aviation, and while these ADs are not subject to public consultation or a Regulatory Impact Statement, they are meticulously reviewed and issued by CASA to maintain compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901, and are considered disallowable instruments under the Legislative Instruments Act 2003. ADs are a critical component of ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such oversight with the State of Design.
Under these regulations, the State of Design, which is the country where an aircraft type is designed, has the overarching responsibility for the continuing airworthiness of that aircraft type. They are required to provide any necessary information to ensure the airworthiness of their aircraft types to the States of Registry, which are the countries where individual aircraft are registered. For example, the United Kingdom, as the State of Design for BAE 146 and Avro 146-RJ model aircraft, has issued AD G-2005-0017. CASA, acting as Australia's national airworthiness authority, has reviewed this directive and issued its own corresponding AD, AD/BAe 146/117, which will come into effect on 29 September 2005.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA and other parties involved. CASA must assess any ADs issued by the State of Design and, if appropriate, issue a corresponding Australian AD to enforce the necessary safety requirements. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes complying with ADs issued by the State of Design and ensuring that any mandated actions are implemented on aircraft within its registry. The ADs themselves provide detailed instructions on the required actions, inspections, and modifications necessary to maintain the airworthiness of the affected aircraft.
There are potential consequences for non-compliance with the ADs. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties related to ADs, general provisions within these acts may apply. Non-compliance with safety regulations could result in enforcement actions, fines, or other penalties. In severe cases, failure to adhere to ADs could lead to grounding of the aircraft, suspension of airworthiness certificates, or other regulatory measures designed to ensure compliance and maintain safety standards. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and no public consultation has been conducted as these directives are issued in response to international obligations and safety concerns.