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 Kingdom CAA issued AD G-2005-0034, affecting Britten Norman BN2, BN2A, BN2B, BM2T, BN2T-4R and BN2T-4S type aircraft. The United Kingdom is the State of Design for these types. As a result of advice from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/BN-2/84 Amendment 1, will become effective on 23 December 2005. This AD cancels and replaces the previous issue.
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 Acting 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 regulate civil aviation in Australia, addressing the need for a comprehensive legal framework governing the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types and aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, ensuring they comply with the legislative process. The objective of these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, which mandates that the State of Design for an aircraft type must provide information to ensure its continuing airworthiness. Consequently, when a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD. This approach ensures that Australian aircraft meet international safety standards and maintains the integrity of the Australian civil aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, acting as Australia's national airworthiness authority, must review information from the State of Design and issue corresponding Australian ADs to enforce the required safety measures. For example, following the issuance of an AD by the United Kingdom's Civil Aviation Authority affecting Britten Norman BN2 type aircraft, CASA amended the equivalent Australian AD to correct a typographical error, resulting in AD/BN-2/84 Amendment 1, which became effective on 23 December 2005. This amendment cancels and replaces the previous AD. It is important to note that these ADs, issued in response to international obligations and specific design state directives, do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that the Governor-General can issue regulations to ensure the safety of air navigation, and that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies CASA's ability to issue ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia's national airworthiness authority, to monitor and respond to airworthiness directives issued by the State of Design. The State of Design, such as the United Kingdom in this instance, has the responsibility to ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Consequently, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an equivalent Australian AD. This process ensures that Australian aircraft meet international safety standards and comply with the requirements set forth by the relevant State of Design.
The ADs issued by CASA are subject to specific requirements and must adhere to the standards set by the Convention on International Civil Aviation, as detailed in Annex 8. For instance, CASA amended the Australian AD for Britten Norman BN2 series aircraft following advice from industry to correct a typographical error. The amended AD, AD/BN-2/84 Amendment 1, cancels and replaces the previous AD, becoming effective on 23 December 2005. Given that these ADs are issued in response to international obligations and directives from the State of Design, they do not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Failure to comply with the requirements set out in an airworthiness directive can result in significant consequences. Civil aviation regulations outline specific offences and penalties for non-compliance, which may include both civil and criminal penalties. For example, operating an aircraft that does not meet the airworthiness standards specified in an AD could lead to enforcement actions against the operator. The maximum penalties for such offences can vary depending on the severity of the violation and may include fines, imprisonment, or both. Additionally, non-compliance can result in the suspension or revocation of an aircraft's certificate of airworthiness, further emphasising the importance of adhering to the directives issued by CASA.