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 2009-0020 affecting British Aerospace 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 146/133, Amendment 1, which will become effective on 9 April 2009. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to establish a comprehensive regulatory framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were formulated to further refine and operationalise the safety standards and procedures required for maintaining the airworthiness of aircraft and aeronautical products. One critical component of this regulatory framework is the issuance of airworthiness directives (ADs), which are legislative instruments designed to mandate compliance with safety standards and address issues that may affect the continuing airworthiness of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) in accordance with international obligations and are critical in maintaining the high safety standards expected in the aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated as per the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, thereby aligning with Australia's international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United Kingdom through the European Aviation Safety Authority (EASA), has primary responsibility for providing necessary information to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must assess and, when necessary, issue corresponding Australian ADs to enforce these requirements. For instance, CASA has issued AD/BAe 146/133, Amendment 1, effective from 9 April 2009, in response to EASA’s AD 2009-0020 for British Aerospace BAe 146 and Avro 146-RJ models. This AD cancels and replaces the previous issue. As this legislative action is mandated by international conventions and is a direct response to an AD from the relevant State of Design, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, such as the United Kingdom in this case, holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure this airworthiness. Consequently, CASA must review this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of ADs issued by other States of Design, such as EASA’s AD 2009-0020, which affects British Aerospace BAe 146 and Avro 146-RJ model aircraft. CASA, as Australia’s national airworthiness authority, must evaluate the ADs and, if appropriate, issue corresponding Australian ADs to mandate compliance with the design state’s requirements. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft. In this case, CASA issued Australian AD/BAe 146/133, Amendment 1, which replaces the previous AD and will become effective on 9 April 2009.
The legislation does not mandate public consultation for ADs issued under the obligations of the Convention on International Civil Aviation and in response to ADs raised by the relevant State of Design. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD’s issuance underscores the importance of international cooperation in maintaining aviation safety standards.
Any breach of the ADs issued by CASA could lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties such as imprisonment may apply. The exact penalties are outlined in the relevant sections of the Act and may vary based on the severity of the breach. It is crucial for all relevant parties to adhere to the ADs to ensure the safety of air navigation and comply with the legislative requirements.