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 146/139 affecting British Aerospace BAe 146 series aeroplanes. The EASA issued AD 2009-0205R1 on 12 January 2010 which supersedes the requirements of AD/BAe 146/139 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 26 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 was enacted to ensure the safety of air navigation and the regulation of airworthiness. As part of this Act, the Civil Aviation Safety Regulations 1998 were introduced, enabling the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments to mandate requirements for the continuing airworthiness of aircraft types. In line with international standards under Annex 8 to the Convention on International Civil Aviation, the State of Design bears responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. The cancellation of AD/BAe 146/139 and its replacement by EASA AD 2009-0205R1, which was issued on behalf of the United Kingdom as the state of design, reflects these international obligations and the need for harmonised safety standards. The AD cancellation was made by the Manager, Continuing Airworthiness in CASA’s Airworthiness and Engineering Branch, in accordance with the Act, and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products, and they mandate requirements for the continuing airworthiness of these entities. The scope of the ADs extends to all aircraft registered in Australia, thereby encompassing a broad range of persons and entities including aircraft manufacturers, operators, and maintenance service providers. The geographic reach of these regulations is national, applying across the Commonwealth of Australia, in line with international standards set by the International Civil Aviation Organization (ICAO). Exclusions or exemptions from these regulations are minimal, with the primary focus being the overarching safety of air navigation. The application of these ADs may be extended or restricted through subordinate instruments, as necessary, to maintain safety standards. The process of issuing and cancelling ADs, such as the recent cancellation of AD/BAe 146/139 in favour of EASA's AD 2009-0205R1, is executed by CASA in collaboration with other international aviation authorities.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 as they pertain to the issue of airworthiness directives (ADs) are outlined in section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations primarily focus on ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility for maintaining the airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with the requirements set out in an AD can lead to various civil and criminal consequences. Specifically, section 94(1) of the Civil Aviation Act 1988 empowers CASA to enforce compliance with ADs. Any breach of an AD could result in CASA taking enforcement actions, which may include fines and other penalties as stipulated under the Act. While the specific maximum penalties are not detailed in the text provided, it is clear that non-compliance with ADs carries significant legal risks. Additionally, the issuance and enforcement of ADs are intended to uphold the highest safety standards in civil aviation.