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 United States FAA has issued AD 2006-12-25 affecting Raytheon Aircraft Company B200 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/BEECH 200/73, which will become effective on 31 August 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, New Technologies and Systems, 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 provide a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of the key mechanisms within this framework is the issuance of airworthiness directives (ADs), which are critical for maintaining the safety standards of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. This regulatory power is exercised under the overarching responsibility of the Governor-General to safeguard air navigation safety as per section 98 of the Act. The issuing of ADs is a legislative instrument under the Legislative Instruments Act 2003 and aligns with the international obligations under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, ensures that any AD issued by the State of Design for a type of aircraft on the Australian Register is assessed and, if necessary, an equivalent Australian AD is issued to enforce the required safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve to mandate safety requirements that ensure the continuing airworthiness of aircraft within Australia. Such directives are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs by CASA is particularly pertinent when corresponding directives are issued by the State of Design, as Australia, under the Convention on International Civil Aviation, must ensure alignment with international safety standards. In this context, CASA assesses foreign ADs and, where necessary, issues equivalent Australian ADs to enforce these safety measures. Notably, this process does not involve public consultation or require a Regulatory Impact Statement, reflecting the non-discretionary nature of international safety obligations. The ADs are issued by CASA under the authority of the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, as outlined in subsection 84A(2) of the Act.
Key Provisions
The main provisions of the Civil Aviation (Airworthiness Directive) Regulations 1998, as referenced in section 98 of the Civil Aviation Act 1988, enable the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 allows CASA to issue these directives for specified types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that the ADs align with the international standards set by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by these regulations include ensuring that the State of Design provides any necessary information to the State of Registry to maintain the airworthiness of aircraft. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with the ADs. Failure to comply with an AD can result in serious safety implications and may lead to enforcement actions. While the specific penalties for breaches of ADs are not detailed in the provided text, regulatory breaches generally attract significant penalties under the Civil Aviation Act 1988. These can include substantial fines and potential criminal charges for individuals or corporations that fail to adhere to the mandated safety directives. The seriousness of these consequences underscores the importance of compliance with ADs to maintain the safety and airworthiness of aircraft.