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 2009-0014 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 146/136, which will become effective on 12 March 2009.
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 Acting Manager, Airframe and 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 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing various safety and operational aspects of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations to ensure the safety of air navigation. This authority was exercised in the creation of the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act, therefore, plays a crucial role in harmonising national aviation safety practices with international obligations, ensuring the safety and efficiency of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for ensuring the safety of air navigation within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance provisions outlined in section 46A of the Acts Interpretation Act 1901. The issuance of ADs by CASA is driven by international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design, such as the United Kingdom for BAe 146 and Avro 146-RJ model aircraft, issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. Given the international nature of these directives and their alignment with international civil aviation standards, no public consultation is required for these ADs, and they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to enact regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is subject to disallowance provisions as per section 46A of the Acts Interpretation Act 1901. These directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is mandated to assess and, if necessary, issue Australian airworthiness directives when a State of Design issues an AD for aircraft registered in Australia. This ensures that Australian regulations align with international safety standards. For example, the European Aviation Safety Authority (EASA) issued AD 2009-0014 for BAe 146 and Avro 146-RJ model aircraft, and CASA responded by issuing Australian AD/BAe 146/136, effective from 12 March 2009. This process is part of Australia's commitment to international aviation safety standards and ensures that Australian aircraft meet necessary safety requirements.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must comply with the issued airworthiness directives. This includes aircraft operators, manufacturers, and maintenance providers, who must adhere to the specific requirements outlined in these directives to ensure the continuing airworthiness of their aircraft. The State of Registry is responsible for developing or adopting regulations that align with international standards, and CASA’s role is to oversee and enforce these regulations within Australia.
Failure to comply with airworthiness directives can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, non-compliance with airworthiness requirements can generally lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and potential criminal charges for serious breaches. The safety of air navigation is paramount, and adherence to ADs is crucial to prevent accidents and ensure the safety of all persons involved in aviation activities.