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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BAe 146/137 Amdt 1 affecting British Aerospace BAe 146 series aeroplanes. The EASA issued AD 2010-0001-E on 4 January 2010 which supersedes the requirements of AD/BAe 146/137 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of the United Kingdom which is the state of design for these aircraft. The cancellation will become effective on 6 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within the country, with a particular focus on ensuring the safety of air navigation. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated under the Civil Aviation Safety Regulations 1998. These directives are legislative instruments made in the interests of maintaining the safety of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that aircraft operating within Australia meet the necessary safety standards by issuing appropriate directives. When a State of Design issues an AD, CASA must review and, if appropriate, issue a corresponding AD for aircraft registered in Australia. The legislative process ensures that the directives align with the overarching goal of safeguarding air navigation and aircraft airworthiness.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 pertain to the regulation of airworthiness directives within Australia, operating under the overarching authority of the Civil Aviation Act 1988. These regulations apply to all aircraft registered in Australia, imposing mandatory requirements on the continuing airworthiness of such aircraft. They are enforced by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, which is mandated to issue airworthiness directives to ensure compliance with safety standards. The scope of the regulations encompasses various types of aircraft and aeronautical products, thereby applying to aircraft manufacturers, operators, and maintenance organisations within Australia. Additionally, the regulations extend to the implementation of directives issued by the State of Design, which must be assessed and, if necessary, adopted by CASA to maintain consistent airworthiness standards. The jurisdictional reach of these regulations is national, applying across all states and territories in Australia. While the regulations are comprehensive, they do not cover every conceivable aspect of aviation safety, and some exclusions or thresholds may apply based on specific circumstances or aircraft types. The regulations may also be supplemented or modified through subordinate instruments issued by CASA.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under these regulations, the State of Design, which is the country where the aircraft was designed, has the overarching responsibility for ensuring the ongoing airworthiness of the aircraft type, in line with Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry, which are responsible for the continuing airworthiness of individual aircraft registered within their jurisdiction. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
CASA issued AD/BAe 146/137 Amdt 1, which affected British Aerospace BAe 146 series aeroplanes. However, the European Aviation Safety Agency (EASA) subsequently issued AD 2010-0001-E on 4 January 2010, which superseded the requirements of AD/BAe 146/137 Amdt 1. Consequently, AD/BAe 146/137 Amdt 1 was cancelled, with the cancellation becoming effective on 6 January 2010. The EASA acted on behalf of the United Kingdom, the State of Design for these aircraft. It is noteworthy that no public consultation was conducted regarding this cancellation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Violating or failing to comply with an airworthiness directive can have serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. Such violations may result in significant penalties. For corporations, the maximum penalties can include substantial fines, while individuals found guilty of breaching an AD may also face financial penalties or imprisonment, depending on the severity of the breach and the specific provisions of the Act. These consequences underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.