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 2007-0270 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 146/16, Amendment 7, which will become effective on 30 October 2007. 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, Airframes in the Airworthiness 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 a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. This Act empowers the Governor-General to create regulations, including airworthiness directives, for the safety of air navigation. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue such directives for specific kinds of aircraft or aeronautical products. These directives, being legislative instruments, serve to mandate necessary safety requirements. For instance, CASA has issued Australian AD/BAe 146/16, Amendment 7, in response to an airworthiness directive issued by the European Aviation Safety Authority for BAe 146 and Avro 146-RJ model aircraft. This action reflects Australia's commitment to international aviation standards under the Convention on International Civil Aviation. Given that the directive is a direct response to an international obligation and does not require public consultation, the issuing process adheres to the legislative framework set out in the Act.
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 specified types of aircraft or aeronautical products in accordance with the Civil Aviation Act 1988. These directives serve to ensure the continuing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue such directives arises from Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry regarding aircraft airworthiness. CASA, acting as Australia's national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding Australian ADs as necessary. The issuance of ADs is a regulatory measure to maintain safety standards and does not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This particular AD, issued in response to EASA's AD 2007-0270 for BAe 146 and AVRO 146-RJ model aircraft, will become effective on 30 October 2007, cancelling and replacing the previous Australian AD/BAe 146/16, Amendment 6.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations to ensure the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legal framework underscores the authority of CASA in issuing ADs to ensure the safety and airworthiness of aircraft registered in Australia.
The obligations imposed by this Act and the accompanying regulations are significant for both CASA and aircraft operators. CASA, as the national airworthiness authority, is mandated to assess information provided by the State of Design and issue corresponding ADs when necessary. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft under its registry. This dual responsibility ensures that aircraft maintain their airworthiness standards, aligning with international conventions and agreements. Operators of aircraft must comply with ADs issued by CASA, which may include mandatory inspections, repairs, or modifications to ensure the aircraft meets safety standards.
The Act does not explicitly state specific offences or penalties for non-compliance with ADs, but the overarching legal framework implies severe consequences. Failure to comply with ADs can result in significant civil and criminal liabilities, including fines and potential imprisonment. The gravity of these consequences is underscored by the importance of maintaining airworthiness and safety in aviation. The stringent measures in place reflect the high stakes involved in ensuring the safety of air navigation and the lives of those who travel by air.