CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 USA Federal Aviation Administration (FAA) has issued AD 96-09-13 affecting Beech 1900 series aircraft. USA is the State of Design for Beech 1900 series aircraft. CASA has assessed this AD and has issued Australian AD/BEECH 1900/46, which will become effective on 14 April 2005.
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 Section Head – Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations for the safety of air navigation, with the overarching goal of ensuring the highest safety standards in the aviation industry. The Act addresses the need for comprehensive aviation safety regulations by delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This framework is designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia’s aviation regulations are consistent with global practices. The Act facilitates the issuance of airworthiness directives in response to safety concerns identified by the State of Design, thereby reinforcing the commitment to maintaining the highest safety standards for aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, ensuring compliance with international standards for safety in air navigation. These directives are integral to maintaining the continuing airworthiness of aircraft and are issued in response to obligations under the Convention on International Civil Aviation, as well as in alignment with the directives issued by the State of Design of the aircraft type. For example, following the issuance of a US Federal Aviation Administration AD for Beech 1900 series aircraft, CASA has issued its own corresponding Australian AD to enforce the necessary safety measures. The ADs are legislative instruments, subject to disallowance and review, but they do not require public consultation or a Regulatory Impact Statement due to their international compliance nature. CASA issues these directives under the authority granted by the Act, specifically under section 98, and they apply to all aircraft and aeronautical products registered in Australia, ensuring that safety standards are uniformly enforced across the country.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that are in the interest of the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)).
These airworthiness directives are essential for maintaining the safety and airworthiness of aircraft, ensuring that both the State of Design and the State of Registry uphold their responsibilities. The State of Design, which is responsible for the type-specific continuing airworthiness of an aircraft, must provide necessary information to the State of Registry to ensure the aircraft’s continued safe operation. This information is typically disseminated via ADs, which are issued by most International Civil Aviation Organization (ICAO) Contracting States. CASA, as Australia’s national airworthiness authority, must evaluate these directives and, if necessary, issue corresponding Australian ADs to mandate the required safety measures.
The obligations imposed by this legislation on CASA include assessing foreign ADs, such as the one issued by the USA Federal Aviation Administration (FAA) concerning Beech 1900 series aircraft (AD 96-09-13). CASA must evaluate the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements on the Australian Register. Such actions are mandated by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Registry and the State of Design.
Failure to comply with the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to civil penalties, including fines, and criminal charges, particularly if the non-compliance results in accidents or incidents that endanger safety. The exact penalties and consequences would depend on the specific breaches and the severity of the resulting risks or harm.