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 2008-0168 affecting British Aerospace BAe 146 and AVRO 146-RJ model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/42, Amendment 1, which will become effective on 16 September 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, enacted to regulate civil aviation and ensure the safety of air navigation, was supplemented by the Civil Aviation Safety Regulations 1998. These regulations provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. According to the Legislative Instruments Act 2003, ADs are considered legislative instruments due to their disallowable nature as outlined in the Acts Interpretation Act 1901. This legislative framework is designed to uphold Australia's commitment to the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, is required to issue corresponding ADs when a State of Design, such as the United Kingdom through the European Aviation Safety Authority (EASA), issues an AD affecting aircraft registered in Australia. This ensures that Australian aircraft meet international safety standards, as demonstrated by the issuance of Australian AD/BAe 146/42, Amendment 1, in response to EASA's AD 2008-0168 for British Aerospace BAe 146 and AVRO 146-RJ model aircraft.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products, thereby ensuring compliance with safety standards set forth under the Act. Such directives are necessary to maintain the continuing airworthiness of aircraft registered in Australia and are a response to international obligations under the Convention on International Civil Aviation. ADs are legislative instruments that are subject to disallowance and must be made in accordance with the Legislative Instruments Act 2003. The State of Design, such as the United Kingdom for British Aerospace BAe 146 and AVRO 146-RJ models, holds primary responsibility for ensuring the continuing airworthiness of aircraft types, and CASA must act on this information to issue corresponding Australian ADs. In this context, CASA has issued Australian AD/BAe 146/42, Amendment 1, in response to AD 2008-0168 issued by the European Aviation Safety Authority on behalf of the United Kingdom. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is made by authorised personnel within CASA in line with the Act’s provisions.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Section 98 of the Act empowers the Governor-General to create regulations for the safety of air navigation. Meanwhile, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This regulation also specifies that an AD is a disallowable instrument (section 39.001(5)), which means it is a legislative instrument under the Legislative Instruments Act 2003 (section 6).
The Act and accompanying regulations impose specific obligations on CASA and the State of Registry concerning the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is required to assess any airworthiness directives issued by the State of Design and, if necessary, issue an Australian AD to ensure compliance with the State of Design's requirements (Annex 8). The State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered in Australia. These obligations are derived from the Convention on International Civil Aviation, which assigns the State of Design the overall responsibility for the continuing airworthiness of an aircraft type and requires it to provide necessary information to the States of Registry.
Breaching the requirements of the ADs can result in serious civil and criminal consequences. Failure to comply with an AD can lead to the grounding of an aircraft, which can disrupt aviation operations and potentially result in significant financial losses. Additionally, under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions, including issuing fines and pursuing legal action against individuals or entities that fail to comply with ADs. The maximum penalties for contravening ADs can vary, but they can include substantial fines and imprisonment for serious breaches. The specific penalties are determined by the courts based on the nature and severity of the breach.