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 2008-07-10 affecting Hawker Beechcraft B200 series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 200/75, which will become effective on
13 May 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 Best Practice Regulation 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, to safeguard the public and enhance the efficiency of civil aviation. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments used to address safety concerns with specific aircraft types or aeronautical products. These directives play a crucial role in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation.
The problem addressed by the ADs, as illustrated in the case of AD/BEECH 200/75, is the need to ensure that aircraft registered in Australia meet the safety standards set by their State of Design, in this case, the United States. CASA issues ADs in response to directives issued by the relevant State of Design to mandate safety requirements, thus fulfilling Australia’s obligations under international conventions. Given that these directives are a response to international safety measures, they do not require consultation with the Australian public, and the Office of Best Practice Regulation has determined they do not need a Regulatory Impact Statement. The ADs are made by CASA in accordance with the Civil Aviation Act, ensuring that Australia adheres to international safety standards and effectively manages the safety of aircraft registered in the country.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are essential for ensuring the continuing airworthiness of aircraft and must be issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are primarily a responsibility of the State of Design, with the State of Registry ensuring the airworthiness of individual aircraft. CASA's role is to assess foreign ADs, such as the one issued by the US Federal Aviation Administration (FAA) for the Hawker Beechcraft B200 series aircraft, and to issue corresponding Australian ADs if necessary. Given the international obligations under the Convention on International Civil Aviation, CASA has issued AD/BEECH 200/75, which will be effective from 13 May 2008. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in line with the requirements of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to enact regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that ADs are disallowable instruments under the Acts Interpretation Act 1901. This legislative framework is underpinned 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, requiring it to furnish necessary information to ensure airworthiness to the relevant State of Registry.
The obligations imposed by this Act and its regulations primarily rest on CASA and the States of Design and Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian ADs when necessary. The State of Registry, which for an individual aircraft is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. The State of Design, in this case the United States for the Hawker Beechcraft B200 series aircraft, must issue ADs to address identified safety issues. These ADs must be assessed and, if appropriate, mandated in Australia.
Failure to comply with an AD can result in significant civil and criminal consequences. Civil Aviation Order 81.22, for instance, outlines the requirement to comply with ADs and states that non-compliance is an offence under section 342 of the Civil Aviation Act 1988. The maximum penalty for an individual is a fine of up to $21,000, while for a body corporate, the penalty can be up to $105,000. Additionally, the operation of an aircraft that does not comply with an applicable AD can lead to prosecution under section 344 of the Act, which carries a maximum penalty of $210,000 for an individual and $1,050,000 for a body corporate. These penalties underscore the critical importance of adhering to airworthiness directives to maintain aviation safety.