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 2006-0132 affecting BAe Systems (Operations) Ltd BAe 146 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/124, 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 was enacted to provide a framework for ensuring the safety of civil aviation and air navigation within Australia. It empowers the Governor-General to make regulations to support the Act's objectives, particularly in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, under section 39.001, further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. In line with international obligations under the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry is responsible for the individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are issued in response to obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design and requires them to provide necessary information to States of Registry. CASA, as the national airworthiness authority for Australia, is mandated to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This legislative framework ensures that ADs are issued to maintain the safety standards of aircraft registered in Australia, aligning with international obligations and safety protocols.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 form the legal framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that promote the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, consequently, as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act when an AD is issued by the State of Design, which in the case of BAe Systems (Operations) Ltd BAe 146 model aircraft is the European Aviation Safety Agency (EASA). CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of the aircraft registered in Australia, and this includes implementing the ADs issued by the State of Design. This obligation is derived from Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to ensure airworthiness and on the State of Registry to adopt measures to maintain it.
Failure to comply with the ADs can lead to serious consequences. Although the Office of Regulatory Review has determined that such directives do not require a Regulatory Impact Statement, non-compliance with an AD can result in significant penalties. Civil aviation regulations are stringent, and non-compliance with ADs can lead to enforcement actions, including fines, suspension or revocation of aircraft certificates of airworthiness, and other civil or criminal penalties as prescribed by the regulations. The severity of the penalties reflects the critical importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.