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 R1 affecting BAe 146 and Avro 146-RJ model aircraft. EASA acts on behalf of The UK, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/16, Amendment 8, which will become effective on 17 January 2008. 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 establish a comprehensive regulatory framework for the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to issue regulations that support the overarching goal of ensuring the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further delineate these provisions by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective behind these regulations is to maintain and enhance the safety of aircraft operating within Australia by aligning with international standards set by the Convention on International Civil Aviation, particularly through the continuing airworthiness requirements overseen by both the State of Design and the State of Registry. This ensures that CASA, as Australia's national airworthiness authority, can effectively manage the safety mandates in response to directives issued by other contracting states such as the European Aviation Safety Authority (EASA).
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) in Australia. These directives apply to specific types of aircraft or aeronautical products and are mandated by the Civil Aviation Safety Authority (CASA), which acts as Australia’s national airworthiness authority. The scope of these ADs is determined by the continuing airworthiness requirements outlined in Annex 8 of the Convention on International Civil Aviation, which places the responsibility for ensuring the safety of aircraft types on the State of Design and for the individual aircraft on the State of Registry. This legislative framework ensures that Australia adheres to international standards and practices in maintaining the safety and airworthiness of aircraft registered within its jurisdiction. The ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their issuance 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, particularly section 98, empowers the Governor-General to establish regulations conducive to air navigation safety. These regulations are designed to maintain and enhance the safety standards within the aviation industry. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legally binding instruments that serve to ensure the continuing airworthiness of aircraft. Importantly, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are multifaceted. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure compliance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must adopt or develop requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the compliance requirements. This ensures that aircraft operating in Australian airspace meet the requisite safety standards.
Breaches of the regulations or non-compliance with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, penalties for non-compliance can be substantial, depending on the severity and nature of the violation. The Act provides for both civil and criminal penalties, with the specific penalties varying based on the infraction. For example, failing to comply with an airworthiness directive can result in fines, imprisonment, or both, depending on the court's discretion and the circumstances of the offence. Such penalties underscore the critical importance of adhering to the safety regulations set forth in the ADs.