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 2009-0205 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 146/139, which will become effective on 14 October 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, 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, enacted by the Australian Parliament, establishes a comprehensive regulatory framework for civil aviation, with a primary focus on ensuring the safety of air navigation. The Act provides the authority for the creation of regulations, including the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, assesses the information provided by the State of Design and, if necessary, issues corresponding Australian ADs. This process ensures compliance with international standards and facilitates the safe operation of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory mechanism is essential for ensuring the continuing airworthiness of aircraft types registered in Australia, in line with international standards and obligations under the Convention on International Civil Aviation. The ADs, which are legislative instruments, are issued to address safety concerns or compliance requirements identified by the State of Design or relevant international authorities, such as the European Aviation Safety Authority (EASA). The jurisdictional scope of these regulations extends to all aircraft types registered in Australia, and CASA must assess and, if necessary, issue corresponding Australian ADs to ensure compliance and safety standards are met. Notably, these ADs are issued without public consultation, as they are a direct response to international obligations and requirements, and do not necessitate a Regulatory Impact Statement. The application of these directives is a critical component of CASA’s role in maintaining the safety and airworthiness of aircraft within Australia’s jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay down the framework for airworthiness directives (ADs) under section 98 and regulation 39.001 (and subregulation 39.001(5)) respectively. An AD is a legislative instrument that can be issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. It is an essential tool for ensuring the safety of air navigation, as it mandates the necessary measures to maintain the airworthiness of aircraft. These ADs are in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type's continuing airworthiness, and the State of Registry for the individual aircraft's airworthiness.
Under the Act and the Regulations, CASA must assess and potentially issue an Australian AD when a State of Design issues an AD for a type of aircraft registered in Australia. This process ensures that Australian aircraft meet international safety standards. For example, in response to the European Aviation Safety Authority’s (EASA) AD 2009-0205 affecting BAe 146 and AVRO 146-RJ model aircraft, CASA has issued its own AD/BAe 146/139. Such ADs are crucial for maintaining the safety and compliance of aircraft in Australia's airspace, especially when international safety standards are concerned.
The issuance of ADs under this legislation does not require public consultation or a Regulatory Impact Statement. This is because ADs are issued in response to international obligations and to address safety issues identified by the State of Design. For instance, the AD for BAe 146 and AVRO 146-RJ model aircraft was issued following EASA's directive and the UK's role as the State of Design. The AD was made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch at CASA, in accordance with subsection 84A(2) of the Act.
The Act and Regulations impose specific obligations on CASA and other entities to ensure compliance with ADs. CASA must carefully assess the ADs issued by States of Design and determine if an Australian AD is necessary. If so, CASA issues the AD, which becomes legally binding. Entities such as aircraft operators and owners must comply with these ADs to maintain the airworthiness of their aircraft. Failure to comply with an AD can result in serious safety risks and may lead to enforcement actions.
Under the Civil Aviation Act 1988, there are potential penalties and consequences for non-compliance with ADs. While the specific penalties are not detailed in the explanatory statement, breaches of airworthiness requirements can lead to significant civil and criminal consequences. For instance, non-compliance could result in fines, suspension or revocation of airworthiness certificates, or even criminal charges. The severity of the penalties depends on the nature and extent of the breach, but the overarching aim is to ensure that all aircraft maintain the highest standards of safety and airworthiness.