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 EASA has issued AD 2006-0137 affecting BAe 146 and AVRO-146RJ aircraft. The EASA is the NAA for the design for these aircraft. CASA has assessed this AD and has issued Australian AD/BAe 146/122, which will become effective on 3 August 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, New Technologies and Systems, 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, enacted by the Australian Parliament, was introduced to establish a comprehensive legal framework for civil aviation in Australia, focusing on the safety and regulation of air navigation. One of the key mechanisms provided by this Act is the issuance of airworthiness directives (ADs), which are intended to ensure the ongoing airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue such directives, making them legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for complying with international standards set by the International Civil Aviation Organization (ICAO) and the specific obligations of the State of Design, which must provide necessary information for the continuing airworthiness of aircraft types. In this context, CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing ADs to ensure that Australian aircraft meet safety standards as mandated by international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. When the State of Design, such as the European Aviation Safety Agency (EASA) in the case of BAe 146 and Avro RJ aircraft, issues an AD, CASA must evaluate this information and, if deemed appropriate, issue a corresponding Australian AD. This ensures compliance with international standards and the specific airworthiness requirements set forth by the State of Registry, which, in Australia's case, is CASA. The process of issuing these directives is governed by Australia’s obligations under international aviation conventions, and specific ADs do not require public consultation or a Regulatory Impact Statement. Instead, they are developed by CASA officials in accordance with the provisions of the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This process is governed under subregulation 39.001(5), which classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily rest on CASA as the national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA is mandated to assess the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements outlined by the State of Design. This ensures that Australian aircraft meet the continuing airworthiness standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must also develop or adopt requirements to maintain these standards.
There are specific consequences for non-compliance with the airworthiness directives issued under these regulations. While the issuing of these ADs is conducted under international obligations and does not require public consultation, the regulatory process ensures that they are thoroughly vetted for safety. There are no explicit penalties mentioned in the provided text for breaching an AD; however, non-compliance with such directives could potentially lead to severe safety risks and liabilities under broader aviation safety laws. It is implied that failure to adhere to these ADs could result in civil or criminal penalties, though the specific details are not outlined in the text.