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 2006-0139 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 146/123, 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 Commonwealth Parliament, serves to establish and regulate the safety and efficiency of civil aviation within Australia. It empowers the Governor-General to create regulations that ensure the safety of air navigation, as seen in the case of issuing airworthiness directives. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are critical in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while safeguarding the safety of its civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that pertain to the safety of air navigation, and 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 as they are disallowable under section 46A of the Acts Interpretation Act 1901. The ADs are crucial for ensuring the continuing airworthiness of aircraft and are issued in response to obligations under the Convention on International Civil Aviation. For instance, when the European Aviation Safety Agency (EASA) issues an AD affecting aircraft types registered in Australia, CASA, as the national airworthiness authority, is mandated to assess and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards, reflecting the collaborative nature of global aviation safety regulations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, as clarified by subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003. Essentially, ADs are regulatory instruments designed to maintain the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This involves providing necessary information to States of Registry to maintain safety standards. Meanwhile, the State of Registry, which in Australia is CASA, is tasked with developing or adopting requirements to ensure the continuing airworthiness of registered aircraft. When a State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements.
The obligations imposed by these regulations are primarily on CASA and the State of Registry. CASA must rigorously assess any airworthiness directives issued by the State of Design and decide whether to issue a corresponding Australian AD. If a State of Design issues an AD, CASA must ensure that it is assessed for its applicability to Australian-registered aircraft and, where appropriate, enforced through an Australian AD. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with an airworthiness directive can result in significant legal consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance, general provisions under the Civil Aviation Act 1988 allow for enforcement actions. Non-compliance with an AD can be considered an offence under section 65 of the Act, potentially leading to civil penalties, criminal charges, or both, depending on the severity of the violation. The maximum penalties can vary but may include substantial fines and imprisonment, reflecting the seriousness of compromising aviation safety.