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.
Transport Canada has issued Urgent AD CF-2008-31 affecting Bombardier BD-700 series aeroplanes. Canada is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/BD-700/1 which will become effective on 13 October 2008.
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, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework governing the safety and regulation of civil aviation within Australia. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The overarching aim of the Civil Aviation Act is to ensure the safety and efficiency of civil aviation through stringent regulatory oversight, aligning with international standards set by the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards for aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. These ADs apply to aircraft and aeronautical products, and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows CASA to issue ADs for specific kinds of aircraft or aeronautical products to ensure compliance with airworthiness standards. As legislative instruments, ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they are made under the authority granted by section 98 of the Civil Aviation Act 1988. The ADs are issued pursuant to Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue a corresponding Australian AD. This process does not involve public consultation due to the international obligations and urgency of safety measures. The ADs are made by authorised CASA personnel in accordance with the Act, ensuring that the necessary safety measures are implemented without delay.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 detail the process for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the power to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily rest on CASA and the State of Registry of an individual aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary to comply with international obligations. This involves evaluating the information provided by the State of Design and ensuring that it meets the necessary safety standards. The State of Registry, on the other hand, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This means they must develop or adopt requirements that meet the standards set by Annex 8 to the Convention on International Civil Aviation.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. For instance, failure to comply with an AD can result in the grounding of the affected aircraft, fines, or other penalties as prescribed by the regulations. While specific maximum penalties are not detailed in the provided excerpt, they are likely to be substantial, given the critical nature of airworthiness directives in ensuring aviation safety. The legal framework is designed to enforce compliance rigorously to prevent any risks to public safety and the integrity of air navigation systems.