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 EASA has issued AD 2006-0143 affecting Britten-Norman BN-2 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/BN-2/84, Amendment 2, which will become effective on 3 August 2006. 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 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, enacted by the Parliament of Australia, provides the legal framework for the regulation of civil aviation within the country, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to issue regulations that facilitate the achievement of these safety objectives, as seen in the Civil Aviation Safety Regulations 1998. These regulations, in turn, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and classified as legislative instruments under the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are in line with international obligations under the Convention on International Civil Aviation.
In response to an airworthiness directive issued by the European Aviation Safety Agency (EASA) for the Britten-Norman BN-2 model aircraft, CASA has issued its own AD to mandate the necessary requirements for aircraft registered in Australia. This action underscores Australia's commitment to international aviation safety standards and its adherence to the responsibilities of the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The AD was issued without public consultation, as it is a response to an international directive, and has been deemed not to require a Regulatory Impact Statement by the Office of Regulatory Review. The AD was made by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with the Act's provisions.
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 specified types of aircraft or aeronautical products. These directives are legislative instruments and serve to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case the European Aviation Safety Agency (EASA), holds the responsibility for issuing ADs for aircraft types, while the State of Registry, represented by CASA in Australia, is tasked with implementing these directives to maintain airworthiness within its jurisdiction. The issuance of AD 2006-0143 by EASA, concerning the Britten-Norman BN-2 model aircraft, has led CASA to issue Australian AD/BN-2/84, Amendment 2, effective from 3 August 2006, which replaces the previous directive. Given that this AD is a response to international obligations and the issuance of an AD by the State of Design, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in ensuring the continuing airworthiness of aircraft and are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the overall airworthiness of an aircraft type and must provide necessary information to ensure its continuing airworthiness. Consequently, the State of Registry, which in Australia is CASA, must assess this information and issue corresponding ADs to enforce the requirements of the State of Design.
Under this framework, CASA has issued Australian AD/BN-2/84, Amendment 2, which amends the requirements for Britten-Norman BN-2 model aircraft in response to the European Aviation Safety Agency's (EASA) AD 2006-0143. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by EASA, the State of Design for these aircraft types, no public consultation has been conducted. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
CASA, as the national airworthiness authority, has an obligation to assess information provided by the State of Design and, if appropriate, issue corresponding ADs. This ensures that all aircraft registered in Australia meet the necessary safety standards. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This involves rigorous compliance with international standards and continuous monitoring of any ADs issued by other States of Design that may affect aircraft on the Australian Register.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to significant civil and criminal penalties. The Act provides that any person who contravenes an AD can be fined up to $126,000 for an individual offence and up to $630,000 for a corporate offence. Additionally, the operator of an aircraft that is found not to be airworthy due to non-compliance with an AD may face prosecution, resulting in further penalties. The Act also empowers CASA to take enforcement actions, including grounding the aircraft until compliance is achieved. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.