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 2008-0180 affecting BAe 146 and Avro 146-RJ model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/135, which will become effective on 14 October 2008.
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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a comprehensive framework for the regulation of civil aviation in the interests of safety, efficiency and orderly development. Under this Act, the Civil Aviation Safety Regulations 1998 were also enacted, providing further detail on the implementation of safety measures, including the issuance of airworthiness directives. These regulations empower the Civil Aviation Safety Authority (CASA) to issue such directives to ensure the continuing airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Regulations 1998 mandate that CASA must assess and, if appropriate, issue Australian airworthiness directives in response to directives issued by the State of Design, in accordance with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to maintain the highest possible standards of safety in civil aviation, aligning with global practices and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, thereby governing the conduct and transactions related to their maintenance, operation, and safety standards. The geographic reach of these regulations is national, as CASA, being Australia's national airworthiness authority, assesses and implements ADs in line with international obligations, particularly those under Annex 8 to the Convention on International Civil Aviation. This mandates that the State of Design, in this case, the United Kingdom, provides necessary information for continuing airworthiness, which CASA then translates into Australian ADs. There are no exclusions or exemptions specified in the regulation concerning the issuance of ADs, and the authority to issue these directives extends to all aircraft registered in Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and while they are subject to disallowance, they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Cth) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products under regulation 39.001 (Cth). An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (Cth) and is regulated by the Legislative Instruments Act 2003 (Cth). These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that is ultimately the State of Design’s under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure the aircraft meet the required standards and, where necessary, issue an Australian AD to enforce these requirements.
Parties and entities governed by the Civil Aviation Safety Regulations 1998 (Cth) have specific obligations and requirements when it comes to airworthiness directives. The State of Design, such as the United Kingdom for BAe 146 and Avro 146-RJ models, is responsible for issuing ADs that address safety issues with specific aircraft types. CASA, as the State of Registry for aircraft registered in Australia, must assess these international ADs and, if necessary, issue corresponding Australian ADs. This ensures that aircraft registered in Australia meet international safety standards. Aircraft owners and operators must comply with the requirements set out in any applicable ADs to maintain their aircraft's airworthiness.
Breach of an airworthiness directive issued under the Civil Aviation Safety Regulations 1998 (Cth) can lead to significant consequences. The Civil Aviation Act 1988 (Cth) outlines potential penalties for non-compliance with ADs, which can include substantial fines and, in severe cases, imprisonment. For instance, under section 47(1) of the Act, a person who contravenes an AD can be fined up to 500 penalty units, which equates to approximately AUD 77,500 as of 2023. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for the aircraft owners and operators.