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 mandated British Aerospace Regional Aircraft Service Bulletin 32-150-70656A, affecting BAe 146 and Avro 146-RJ model aircraft, in 1999. 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 update the revision status of the associated Service Bulletins. The amended AD, AD/BAe 146/73 Amendment 1, will become effective on 27 October 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation, including the regulation of aircraft airworthiness. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, such as the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs). These ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Australian Civil Aviation Safety Authority (CASA) issues these directives to ensure compliance with international obligations and to address specific safety concerns identified by the State of Design, such as in the case of British Aerospace Regional Aircraft Service Bulletin 32-150-70656A affecting BAe 146 and Avro 146-RJ model aircraft. Given their nature and the international context, these ADs do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, encompasses regulations aimed at ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs). Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. Such ADs are considered legislative instruments and can be issued in response to international obligations under the Convention on International Civil Aviation, specifically under Annex 8, which delineates the responsibilities of the State of Design and State of Registry concerning the continuing airworthiness of aircraft. In Australia, CASA, acting as the national airworthiness authority, must evaluate ADs issued by States of Design and, if necessary, issue corresponding ADs for aircraft registered in Australia. For instance, following the UK Civil Aviation Authority's issuance of a service bulletin for BAe 146 and Avro 146-RJ model aircraft, CASA updated the corresponding Australian AD to reflect the revised status of the service bulletins. This AD, AD/BAe 146/73 Amendment 1, was issued without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was created by the Manager, Airframes within CASA, in line with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are key pieces of legislation that govern the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for safety purposes, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments under the Legislative Instruments Act 2003, and they form a critical part of the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation (Annex 8). The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the airworthiness of the aircraft type, and the State of Registry must implement these requirements for individual aircraft registered within its jurisdiction (Annex 8).
The obligations imposed by these regulations require CASA, as Australia's national airworthiness authority, to assess information from the State of Design and, if necessary, issue an Australian AD to ensure compliance with the continuing airworthiness standards. When the UK Civil Aviation Authority (CAA) issued an AD for BAe 146 and Avro 146-RJ model aircraft in 1999, CASA was obligated to review and, if necessary, update the corresponding Australian AD (subsection 84A(2) of the Act). This was done to maintain alignment with international standards and to ensure the safety of aircraft registered in Australia. The AD, known as AD/BAe 146/73 Amendment 1, updates the revision status of the associated service bulletins and will take effect on 27 October 2005, replacing the previous AD.
Failure to comply with an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties can result in imprisonment. The exact penalties depend on the specific breach and the severity of the non-compliance. These provisions ensure that all parties governed by the Act adhere to the stringent safety standards set forth to protect the public and maintain the integrity of the aviation industry.