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 European Aviation Safety Agency (EASA) has issued AD 2009-0105 affecting Britten-Norman Aircraft BN2A, BN2B and BN2T series aircraft. EASA acts on behalf of the UK, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BN-2/85, which will become effective on 27 May 2009.
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, Airframes & Structures in the Airworthiness Engineering Group, 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 legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor-General to create regulations, such as the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) to maintain the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, reflecting international standards and practices as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and regulation under the Legislative Instruments Act 2003. This legislative framework allows CASA to mandate the requirements of State of Design ADs, such as the European Aviation Safety Agency's AD 2009-0105 for Britten-Norman Aircraft, thereby fulfilling Australia's obligations under international conventions and ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) can be issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products in order to ensure safety in air navigation. Specifically, under regulation 39.001, CASA is authorised to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to comply with international standards set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Registry, in this case Australia, maintains the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design, such as the UK for certain Britten-Norman Aircraft, issues an AD, CASA must assess its relevance and applicability, and if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft meet international safety standards and obligations. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, as they are primarily in response to international mandates and are intended to uphold consistent safety standards across the aviation industry.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory authority stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. Under this authority, CASA can mandate safety measures and maintenance requirements to ensure the ongoing airworthiness of aircraft. Regulation 39.001(5) clarifies that an AD is a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to closely monitor and respond to airworthiness directives issued by the State of Design, which in this context is the European Aviation Safety Agency (EASA) for the Britten-Norman BN2 series aircraft. CASA's role as Australia’s national airworthiness authority necessitates that it assess any relevant ADs and, where appropriate, issue corresponding Australian ADs to enforce the necessary safety measures. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA's ADs serve to align with international standards set by the Convention on International Civil Aviation.
In the case of AD 2009-0105 issued by EASA for the Britten-Norman BN2A, BN2B, and BN2T series aircraft, CASA has evaluated the directive and issued its own corresponding Australian AD/BN-2/85, which came into effect on 27 May 2009. The issuance of this AD is a direct response to the international obligations under the Convention on International Civil Aviation and the AD issued by the State of Design, thus no public consultation was deemed necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for implementing these safety measures.
Failure to comply with the airworthiness directives can result in significant civil and criminal consequences. The Civil Aviation Act 1988 and associated regulations outline penalties for non-compliance, which can include substantial fines and potential imprisonment for individuals found guilty of breaches. For corporations, penalties can be even more severe, with fines that can reach into the millions of dollars. These stringent measures underscore the importance of adhering to airworthiness directives to ensure the safety and integrity of the aviation industry.