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 2009-0046 affecting British Aerospace 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 146/138, which will become effective on
7 May 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 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 was enacted to provide a framework for the regulation of civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, issues these directives in response to assessments of information provided by the State of Design or other contracting states to ensure compliance with international standards. This regulatory approach is designed to uphold the safety and airworthiness of aircraft registered in Australia, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, establishing standards to ensure their continued airworthiness. This authority extends to mandating compliance with ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft models registered in Australia. These ADs serve as legislative instruments, enforceable within the Australian jurisdiction, and reflect Australia's commitment to international civil aviation standards under the Convention on International Civil Aviation. Exemptions and thresholds are not explicitly detailed in the ADs themselves, but the broader regulatory framework may include provisions for specific conditions or exclusions. The issuance of these directives is governed by CASA's assessment of information from the State of Design and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that are in the interest of air navigation safety. These regulations are crucial for maintaining the safety and efficiency of air travel. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance procedures as outlined in section 6 of the Legislative Instruments Act 2003.
Compliance with these ADs is mandatory for all parties and entities governed by the Civil Aviation Act. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type to States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must review and, if appropriate, issue Australian ADs that mandate the requirements set forth by the State of Design. For example, CASA issued Australian AD/BAe 146/138 in response to EASA's AD 2009-0046 concerning the British Aerospace BAe 146 and Avro 146-RJ models.
Failure to comply with ADs can result in serious consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives can lead to significant civil and criminal liabilities. The seriousness of these consequences underscores the importance of adhering to ADs as a means of ensuring the safety and continuing airworthiness of aircraft. As such, all relevant parties must meticulously follow these directives to avoid potential legal ramifications and ensure the safety of air travel.