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 Emergency AD 2006-0091-E affecting BAe 146 and AVRO 146-RJ aircraft. The United Kingdom is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/BAe 146/120 which will become effective on 26 April 2006.
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. In line with this overarching objective, the Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. These directives are legislative instruments that serve to maintain the continuing airworthiness of aircraft, in accordance with Australia's obligations under the Convention on International Civil Aviation and as required by the relevant State of Design. The issuance of ADs is integral to the continuing airworthiness responsibilities of both the State of Design and the State of Registry. This particular AD, issued in response to Emergency AD 2006-0091-E from the European Aviation Safety Authority, exemplifies CASA's role in ensuring the safety of Australian-registered aircraft, in this case, the BAe 146 and Avro RJ series.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia, with a particular focus on the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The State of Design, such as the United Kingdom for BAe 146 and Avro 146-RJ aircraft, is responsible for providing necessary information to ensure airworthiness, while the State of Registry, in this case Australia, must then issue corresponding ADs to mandate these requirements. The process of issuing such directives is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting its urgent and technical nature.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety and airworthiness of aircraft operating in Australian airspace. Under section 98 of the Act, the Governor-General has the authority to make regulations to promote air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools in maintaining the safety standards required by international agreements such as Annex 8 to the Convention on International Civil Aviation. Subregulation 39.001(5) further clarifies that ADs are legislative instruments that can be disallowed under certain conditions as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and Regulations on entities such as CASA, States of Design, and States of Registry are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft. This includes issuing ADs to address any identified safety issues. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. In the case of Australia, CASA acts as the national airworthiness authority and must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures.
Breaches of the provisions contained in the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Although the specific penalties for non-compliance with ADs are not detailed in the provided text, it is clear that failure to adhere to these directives could result in severe civil or criminal penalties. The legislative nature of ADs suggests that non-compliance could be subject to the penalties outlined in the relevant legislation, potentially including fines or imprisonment, depending on the severity of the breach and its impact on aviation safety. It is imperative for all parties involved, including aircraft manufacturers, operators, and regulators, to strictly comply with the ADs to avoid these potential consequences and ensure the continued safety of air navigation.