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 issued ADs 012-05-94 and 013-03-95, affecting BAe 146 and Avro 146 RJ aircraft, in 1995. The UK is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the need for a non-destructive inspection in some circumstances. The amended AD, AD/BAe 146/52 Amendment 3, will become effective on 16 February 2006. 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 provide a legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 aims to harmonise Australia's aviation safety standards with those of other International Civil Aviation Organization (ICAO) member states, thereby facilitating the international coordination of airworthiness requirements and safety standards. The policy objective is to maintain and enhance the safety of civil aviation in Australia by ensuring compliance with international standards and requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to all persons and entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance service providers. These regulations cover the issuance of airworthiness directives (ADs) that ensure the continuing airworthiness of aircraft, thereby safeguarding the safety of air navigation as outlined in the Civil Aviation Act 1988. The geographic reach of these regulations is national, covering all aircraft registered in Australia and those operating within Australian airspace. An AD is a legislative instrument, subject to disallowance, and is issued in response to airworthiness concerns identified by the State of Design or based on international standards set forth by ICAO. Exclusions and exemptions from ADs are not specified in the provided text, and the application of these regulations may be extended or restricted through subordinate instruments. The specific AD discussed in the text, AD/BAe 146/52 Amendment 3, pertains to BAe 146 and Avro 146 RJ aircraft and was issued due to Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the authority for the issuance of airworthiness directives (ADs). These ADs are legislative instruments that can be issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products to ensure safety. According to subregulation 39.001(5), ADs fall under the category of disallowable instruments as defined in section 46A of the Acts Interpretation Act 1901, and are further classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and its regulations require the State of Design to maintain and provide information to ensure the continuing airworthiness of aircraft types. This obligation extends to the State of Registry, which must develop or adopt requirements to ensure that individual aircraft remain airworthy. When an AD is issued by the State of Design, such as the UK in the case of BAe 146 and Avro 146 RJ aircraft, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design’s requirements. In this instance, CASA amended the Australian AD to specify the need for a non-destructive inspection in certain circumstances, resulting in AD/BAe 146/52 Amendment 3, effective from 16 February 2006.
There are no offences, penalties, or civil/criminal consequences explicitly outlined in the provided text for breaches of ADs. However, it is understood that failure to comply with ADs could potentially lead to safety issues and regulatory action. The regulations and legislative framework are designed to ensure that all parties involved adhere to the standards set forth to maintain the safety of air navigation. Given the critical nature of airworthiness, non-compliance could result in severe consequences, including grounding of aircraft and legal action against the parties responsible for the breach.