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-2005-0018 affecting BAe 146 and Avro RJ model aircraft. The UK is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BAe 146/91, Amendment 3, 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, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Enacted by the Commonwealth Parliament, this legislation was introduced to address the need for comprehensive regulation of civil aviation safety, particularly in ensuring the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the accompanying regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that mandate specific requirements for aircraft types or aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in civil aviation by ensuring that aircraft meet necessary airworthiness criteria, thereby protecting public safety and fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory framework is established to ensure the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. Accordingly, the State of Design, in this case, the UK for BAe 146 and Avro RJ models, is responsible for issuing ADs that are then assessed and potentially adopted by CASA as Australian ADs. This process is integral to maintaining safety standards in alignment with international obligations, and while the ADs themselves do not require public consultation or a Regulatory Impact Statement, they are meticulously crafted and issued by CASA officials, ensuring compliance with the legislative mandate.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, and they are a common method for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties by these regulations are primarily concerned with the maintenance of airworthiness. The State of Design has the responsibility to ensure that all necessary information is provided to the States of Registry to maintain the continuing airworthiness of aircraft types. For Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements of the original directive. This ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with the requirements set out in these ADs can result in significant consequences. While the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs, which are legally binding legislative instruments, could lead to enforcement actions by CASA. Such actions might include fines, grounding of non-compliant aircraft, or other regulatory measures to ensure compliance and maintain safety standards. The severity of these consequences underscores the importance of adhering to the directives issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
The text also clarifies that because these ADs are issued in response to international obligations and directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement. This streamlined process allows for timely responses to safety concerns without the need for extensive public consultation, ensuring that safety directives are implemented swiftly. The ADs are developed by CASA officials, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, ensuring that they are issued in accordance with the provisions of the Civil Aviation Act 1988.