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 US FAA has issued AD 2006-18-51 affecting Raytheon (Beech) 1900 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 1900/48, which will become effective on 2 September 2006.
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 ensure the safety and efficiency of civil aviation in Australia, providing a legislative framework for the regulation of civil aviation and air navigation. This Act was established to address the need for comprehensive governance of civil aviation activities, ensuring compliance with international standards and the protection of public safety. Under this Act, the Governor-General has the authority to create regulations, such as those outlined in the Civil Aviation Safety Regulations 1998, to further the objectives of aviation safety. The Australian Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. The ADs issued by CASA are in response to obligations under international conventions and assessments of directives issued by the relevant State of Design, such as the recent Australian AD/BEECH 1900/48 in response to a United States Federal Aviation Administration directive.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide the authority for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for particular types of aircraft or aeronautical products. These directives are integral to ensuring the safety of air navigation, falling under the broader authority granted by section 98 of the Civil Aviation Act 1988. Given that ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, they carry significant regulatory weight. The ADs issued by CASA are intended to mandate the requirements for the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibilities to the State of Design and the State of Registry for ensuring the ongoing airworthiness of aircraft types. This legislation applies to all aircraft and aeronautical products registered in Australia, and while it is primarily concerned with safety, it does not require public consultation or a Regulatory Impact Statement as per the determination of the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per section 98 and regulation 39.001 respectively. These directives are a legislative instrument, as stated in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and are subject to disallowance as per section 6 of the Legislative Instruments Act 2003. ADs serve as a key mechanism for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the primary duty for maintaining airworthiness and the State of Registry the obligation to ensure the airworthiness of individual aircraft.
Under these regulations, when the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to implement the requirements of the State of Design. For example, the United States Federal Aviation Administration (FAA) has issued AD 2006-18-51 for Raytheon (Beech) 1900 model aircraft, with CASA subsequently issuing Australian AD/BEECH 1900/48, which will take effect on 2 September 2006. Given that these directives are a response to international obligations and are issued in reaction to an AD from the relevant State of Design, there has been no consultation with the Australian public. Furthermore, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office issued this AD in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
The obligations imposed by these regulations on the parties involved are significant. The State of Design, in this case, the USA, must provide information to ensure the continuing airworthiness of aircraft types, and CASA must assess and, if necessary, implement these directives within Australia. The State of Registry, which is Australia in this instance, is required to develop or adopt regulations that ensure the continuing airworthiness of aircraft within its jurisdiction. CASA's role involves the assessment of ADs issued by other States of Design and the issuance of corresponding Australian ADs to mandate these requirements.
Failure to comply with ADs can lead to serious consequences. Both civil and criminal penalties may apply for non-compliance with airworthiness directives. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to civil penalties, which may include fines up to the statutory maximum. Additionally, serious breaches may result in criminal charges, leading to more severe penalties, including substantial fines and imprisonment. The exact penalties depend on the nature and severity of the breach, as well as the specific provisions of the regulations and any related laws.