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 2009-0197-E 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 146/137, Amendment 1, which will become effective on 7 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations in the interest of air navigation safety, which is further detailed in the Civil Aviation Safety Regulations 1998. Specifically, these regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. Such directives are legislative instruments that must comply with the Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft as required under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for providing necessary information to ensure airworthiness, while the State of Registry enforces these requirements domestically. In this context, CASA issues Australian ADs in response to directives from the State of Design, such as the European Aviation Safety Authority on behalf of the United Kingdom, ensuring alignment with international standards and obligations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 apply to the issuance of airworthiness directives (ADs) in Australia, establishing safety standards and ensuring compliance for aircraft types registered within the country. These regulations apply to both individuals and entities involved in the operation of aircraft, including aircraft manufacturers, operators, and maintenance providers, ensuring that they adhere to the safety requirements mandated by the Civil Aviation Safety Authority (CASA). The scope of the Act extends across the national jurisdiction of Australia, with CASA acting as the national airworthiness authority responsible for enforcing these standards. The ADs are designed to ensure the continuing airworthiness of aircraft in response to identified safety issues, and they may be issued based on international standards and practices as outlined in ICAO Annexes. These ADs are legislative instruments subject to disallowance and review under the Legislative Instruments Act 2003. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in compliance with international obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. This power is exercised under section 98 of the Civil Aviation Act 1988, where the Governor-General has the authority to make regulations for the safety of air navigation. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry as per Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This is particularly relevant when the European Aviation Safety Authority (EASA), acting on behalf of the United Kingdom, issues an AD affecting aircraft on the Australian Register, such as the BAe-146 and Avro 146-RJ models.
Any breaches of the ADs could result in serious consequences. Non-compliance with the mandated requirements could lead to aircraft being deemed unairworthy, which could result in severe penalties, including fines and potential criminal charges for operators who fail to adhere to the ADs. The exact penalties for such breaches would depend on the specific circumstances and the severity of the non-compliance, but could include significant financial penalties as well as potential suspension or revocation of airworthiness certificates.