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 Authority (EASA) has issued AD 2007-0015 affecting CAP 10B model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CAP 10/10, which will become effective on 25 January 2007.
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, Airframes 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 Australian Parliament, establishes a legislative framework aimed at ensuring the safety and efficiency of civil aviation within Australia. One of its key mechanisms is the issuance of airworthiness directives, which are intended to address issues related to the continuing airworthiness of aircraft. These directives are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue such directives for certain kinds of aircraft or aeronautical products. The purpose of these directives is to ensure compliance with international standards set forth in the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. Given the global nature of civil aviation and the need for harmonised safety measures, the issuance of airworthiness directives is crucial for maintaining consistency and safety across international borders.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, pertains to the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to any person or entity involved in the design, manufacture, maintenance, or operation of aircraft within Australia, as well as to aeronautical products. The application of these ADs extends across the entire Commonwealth, ensuring that all aircraft and aeronautical products used within Australia meet stringent safety standards. The scope of the ADs is broad, covering all aircraft types registered in Australia, regardless of whether they are operated domestically or internationally. While the ADs are issued under the authority of the Civil Aviation Safety Authority (CASA), they are formulated in response to international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. This ensures that Australian ADs align with global standards, facilitating international air travel and trade. It is noteworthy that these directives are legislative instruments, subject to disallowance, and are issued without public consultation due to their international mandate.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to make regulations to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901, and they fall under the purview of the Legislative Instruments Act 2003.
These airworthiness directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design as per Annex 8 of the Convention on International Civil Aviation. The State of Design provides necessary information to ensure the airworthiness of an aircraft type, and ADs are a common method used to convey this information. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and may issue corresponding Australian ADs to enforce the required safety measures. For example, EASA's AD 2007-0015, concerning the CAP 10B model aircraft, was assessed by CASA and subsequently issued as Australian AD/CAP 10/10.
Under the Civil Aviation Act 1988, CASA has specific obligations when dealing with airworthiness directives. When a State of Design issues an AD, CASA must evaluate the information provided and determine whether an Australian AD is necessary. If deemed appropriate, CASA issues an AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft meet the international safety standards set by ICAO Contracting States. Furthermore, because ADs are issued in response to international obligations and are considered legislative instruments, they do not require consultation with the Australian public or a Regulatory Impact Statement.
The Civil Aviation Safety Regulations 1998 also outline the consequences for non-compliance with airworthiness directives. While the specific penalties are not detailed in this particular legislation, general civil aviation offences can lead to substantial fines and imprisonment. For example, breaches of the Civil Aviation Act 1988 can result in fines of up to $126,000 for individuals and $630,000 for corporations, along with potential imprisonment terms. CASA has the authority to enforce compliance through various measures, including the issuance of fines, suspension of certificates, and other regulatory actions to ensure the safety and airworthiness of aircraft operating in Australian airspace.