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 2007-0014 affecting Apex Industries CAP 10B model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CAP 10/11, which will become effective on 15 March 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, 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 provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for regulations that ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of aviation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were introduced. One key regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These directives, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as stipulated by international standards under Annex 8 to the Convention on International Civil Aviation. The Act and its regulations serve to align Australia’s aviation safety measures with international obligations, ensuring that both the State of Design and the State of Registry fulfil their responsibilities under the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. These regulations apply to all aircraft registered in Australia, regardless of whether they are domestically or internationally operated, as well as to aeronautical products used in such aircraft. The scope of these directives extends to mandating safety requirements and ensuring compliance with international standards set by the Convention on International Civil Aviation. Notably, the authority to issue these directives stems from the obligations Australia has under international conventions, which is why there is no requirement for public consultation or a Regulatory Impact Statement when such directives are issued in response to foreign ADs. Any exclusions or exemptions from these regulations would need to be specified within the directives themselves or in other relevant legislative instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) contain key provisions regarding airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations to ensure the safety of air navigation. Regulation 39.001 of the CASR specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5) of the CASR, an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus qualifying as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These ADs serve as a means to maintain the continuing airworthiness of aircraft, a responsibility primarily vested in the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is required to provide necessary information to ensure the continuing airworthiness of an aircraft type to appropriate States of Registry, which then develop or adopt requirements to ensure the airworthiness of individual aircraft. For instance, when the European Union Aviation Safety Agency (EASA) issues an AD for aircraft registered in Australia, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations under this framework include CASA's duty to evaluate ADs issued by the State of Design and to issue corresponding Australian ADs where necessary. This process is mandatory and follows a set procedure, as seen in the example of AD 2007-0014 issued by the EASA for Apex Industries CAP 10B model aircraft. CASA issued Australian AD/CAP 10/11 in response, which became effective on 15 March 2007. It is important to note that due to Australia's obligations under the Convention on International Civil Aviation, no public consultation is required for these ADs, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
The consequences for non-compliance with ADs are significant. Failure to adhere to the mandates set forth in these directives can result in severe penalties. While the specific penalties are not detailed in the text, non-compliance with airworthiness regulations generally leads to civil or criminal penalties, including fines and potential imprisonment, as stipulated by the Civil Aviation Act 1988. Ensuring compliance with ADs is crucial for maintaining the safety and airworthiness of aircraft operating within Australia.