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 AD 2006-0342 affecting BAe 146 and AVRO 146-RJ model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/126, which will become effective on 15 February 2007.
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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft and aeronautical products. The issuance of these ADs is aimed at fulfilling Australia’s international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, acting as Australia’s national airworthiness authority, must assess and, where necessary, issue Australian ADs to ensure compliance with the requirements set by the State of Design, thus maintaining the safety standards in accordance with international agreements.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. This Act applies to the persons and entities responsible for the operation and maintenance of aircraft registered in Australia, as well as to all aeronautical products and services provided within the Australian jurisdiction. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as necessary to maintain the safety standards of aircraft types registered in Australia. These directives are mandated by the State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which must ensure the ongoing compliance of individual aircraft with safety requirements. The regulations are designed to harmonise with international standards set forth in the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the States of Design and Registry. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Any AD issued by CASA, such as AD/BAe 146/126 in response to an EASA directive, is effective immediately upon issuance and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia, with specific focus on the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, including ADs, which are intended to maintain the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments governed by the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA as the national airworthiness authority. CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This includes evaluating the information provided by the State of Design and implementing any required safety measures. The State of Registry, which is responsible for the individual aircraft's airworthiness, must also comply with these ADs, ensuring that any mandated actions are carried out promptly and effectively.
Failure to comply with an airworthiness directive can lead to significant legal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs could result in civil or criminal penalties. The severity of these penalties would depend on the specific circumstances and the extent of the non-compliance. In general, such breaches could affect the safety and airworthiness of the aircraft, potentially leading to severe consequences for both the operators and the passengers.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive regulatory framework for issuing and enforcing airworthiness directives in Australia. These regulations ensure that CASA and the States of Registry have clear obligations to assess and implement ADs, which are crucial for maintaining the safety of air navigation. Non-compliance with these directives can result in significant legal repercussions, highlighting the importance of adhering to the mandated safety requirements.