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, the Civil Aviation Safety Authority (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.
CASA has reviewed the ADs issued for the British Aerospace BAe 146 aeroplane by the Civil Aviation Authority in the United Kingdom. The United Kingdom is the state of design of the BAe 146. CASA has identified twenty-three United Kingdom ADs issued between 1986 and 2001 that were not mandated in Australia but which may be applicable, or may have been applicable in the past, to some of the fourteen BAe 146 aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these twenty-three United Kingdom ADs in a new AD called AD/BAe 146/141 State of Design Airworthiness Directives. AD/BAe 146/141 will become effective on 24 September 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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, 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 Commonwealth Parliament, establishes the legislative framework for civil aviation safety in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process by which CASA can issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework ensures that Australia complies with its obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and requires the State of Registry to implement necessary measures to maintain airworthiness. CASA’s role is to assess and, where appropriate, mandate foreign ADs for aircraft registered in Australia, as seen in the issuance of AD/BAe 146/141 concerning the British Aerospace BAe 146 aeroplane.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. ADs are mandated to ensure the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United Kingdom for the British Aerospace BAe 146 aeroplane, bears the primary responsibility for issuing ADs, while the State of Registry, which is Australia for aircraft on the Australian Register, must adopt and enforce these directives. CASA has identified twenty-three UK ADs for the BAe 146 aeroplane that were not previously mandated in Australia and has decided to consolidate them into a new Australian AD, effective from 24 September 2010. This action is taken in response to international obligations and does not require public consultation or a Regulatory Impact Statement. The AD has been issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch on behalf of CASA, under the authority of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in subregulation 39.001(5), and they serve as critical tools for ensuring the continuing airworthiness of aircraft types. The State of Design of an aircraft type holds the primary responsibility for its airworthiness, and must provide necessary information to the State of Registry, which in turn, must implement requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of the British Aerospace BAe 146 aeroplane, CASA has identified twenty-three United Kingdom ADs that were not previously mandated in Australia but could be relevant to the fourteen BAe 146 aeroplanes on the Australian register. Consequently, CASA has decided to issue a new AD, AD/BAe 146/141, which will list these United Kingdom ADs and become effective on 24 September 2010.
The obligations imposed by this AD on the parties governed include ensuring that all operators of the BAe 146 aeroplane comply with the requirements outlined in AD/BAe 146/141. This includes adhering to the specific maintenance, repair, and operational instructions detailed in the mandated United Kingdom ADs. Operators must maintain records of compliance and ensure that all personnel involved in the operation of these aircraft are adequately trained and informed about the requirements. CASA, as the national airworthiness authority, must also oversee the implementation and enforcement of these directives to ensure the safety and airworthiness of the aircraft on the Australian register.
Failure to comply with the requirements set out in this AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance may be considered an offence, leading to potential civil or criminal penalties. While the specific penalties for breaches are not detailed in the AD itself, the Civil Aviation Act 1988 and associated regulations provide for fines and imprisonment for serious breaches. CASA has the authority to enforce compliance through inspections, audits, and other regulatory measures. Operators found in breach of the AD may face enforcement actions, including fines, suspension of operations, or other administrative penalties. It is crucial for all parties involved to adhere strictly to the AD to avoid these severe consequences.