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 UK CAA has issued AD G-2005-0020 affecting BAe 146 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BAe 146/36, Amendment 1, which will become effective on 29 September 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation within Australia, aiming to protect the public and property from the risks associated with aircraft operations. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in relation to the safety of air navigation. In accordance with this authority, the Civil Aviation Safety Regulations 1998 were developed, including regulation 39.001 which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This legislative framework ensures that CASA, as the national airworthiness authority, can effectively manage the continuing airworthiness of aircraft registered in Australia, aligning with international standards set forth by the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a legislative instrument and must comply with the requirements of the Legislative Instruments Act 2003. They are a critical component of ensuring the continuing airworthiness of aircraft, as per the obligations of Australia under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, is responsible for ensuring the airworthiness of aircraft registered in Australia, and must develop or adopt requirements to meet these obligations. When the State of Design issues an AD for an aircraft type on the Australian Register, CASA assesses this information and, if appropriate, issues an Australian AD to mandate the requirements. This process was followed with the BAe 146 model aircraft, where CASA issued Australian AD/BAe 146/36, Amendment 1, in response to an AD issued by the UK Civil Aviation Authority. The AD was made without public consultation or a Regulatory Impact Statement, as required by the Office of Regulatory Review, and was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, as per section 98 of the Civil Aviation Act 1988. These ADs apply to specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness for States of Registry. Typically, ADs are the primary means of conveying such information. The State of Registry, in this case CASA, must then ensure the continuing airworthiness of the aircraft in accordance with these ADs.
The obligations imposed by these regulations are multi-faceted. The State of Design must issue ADs when necessary to maintain the airworthiness of a specific aircraft type, providing essential information to the States of Registry. The State of Registry, represented by CASA, must then evaluate this information and, if required, issue corresponding ADs to ensure compliance with the airworthiness standards. CASA's responsibility includes assessing any ADs issued by the State of Design and deciding whether to issue an Australian AD to enforce the same requirements. For instance, the UK Civil Aviation Authority (CAA) issued AD G-2005-0020 for BAe 146 model aircraft. As the State of Design, the UK CAA provided the necessary information. CASA assessed this directive and subsequently issued Australian AD/BAe 146/36, Amendment 1, effective from 29 September 2005, replacing the previous issue.
Breaching the requirements set out in these ADs can lead to severe consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in significant legal ramifications. The ADs are integral to ensuring the safety and airworthiness of aircraft, and any failure to adhere to these directives can compromise flight safety. The regulatory framework, supported by international conventions, underscores the importance of these directives and the necessity for strict compliance. The process of issuing and enforcing ADs is meticulous, reflecting the high stakes involved in civil aviation safety.