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 2007-0058 affecting BAe 146 and Avro 146-RJ model aircraft. EASA acts on behalf of The UK, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/54, Amendment 1, which will become effective on 12 April 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 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 comprehensive legal framework for civil aviation in Australia, ensuring safety and efficiency in the national airspace. The Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments that mandate specific safety measures for aircraft or aeronautical products, reflecting the overarching responsibility of the State of Design for the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with ensuring that Australian aircraft meet these international safety standards, often by issuing its own directives in response to those from the relevant State of Design. The policy objective is to harmonise Australian aviation safety practices with international standards, thereby protecting public safety and maintaining Australia’s international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments designed to ensure the safety of air navigation. Under these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. This authority is exercised to comply with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. Consequently, CASA, as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to enforce these requirements. Exemptions or exclusions from these regulations are not specified in the provided text, but the application of ADs is typically directed towards entities such as aircraft manufacturers, operators, and maintenance providers, ensuring the maintenance of safety standards across the aviation industry.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as they pertain to the issuance of airworthiness directives, are contained within section 98, which empowers the Governor-General to make regulations that serve the interests of safety in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified types of aircraft or aeronautical products. An airworthiness directive, as per subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA is obligated to ensure the continuing airworthiness of aircraft by issuing directives based on assessments of information provided by the State of Design. The State of Design, in this case the UK, has a responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information for the continuing airworthiness of aircraft types. Upon receipt of such information, CASA, as Australia's national airworthiness authority, is required to assess the information and, if deemed necessary, issue a corresponding Australian airworthiness directive to enforce the requirements set by the State of Design.
Failure to comply with an airworthiness directive can lead to severe consequences, including the potential grounding of affected aircraft. The Civil Aviation Safety Regulations 1998 outline that the State of Registry, in this case Australia, is responsible for ensuring that its aircraft meet the continuing airworthiness requirements. By mandating compliance through airworthiness directives, CASA enforces these responsibilities. Non-compliance with these directives can result in both civil and criminal penalties, as the safety of air navigation is paramount. Although specific penalties are not detailed in the given text, it is clear that the ramifications for non-compliance are significant, as they relate to the overarching objective of maintaining the highest standards of aviation safety.