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 2008-0060R1 affecting Apex Aircraft 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 10/13, Amendment 1, which will become effective on 9 April 2009. 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 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, enacted by the Australian Parliament, establishes the legal framework for ensuring the safety of civil aviation within Australia. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which govern various aspects of civil aviation, including airworthiness. One such regulation, under section 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments that are subject to disallowance and must comply with the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Act 1988 aims to ensure that CASA, as the national airworthiness authority, can mandate safety requirements in response to directives issued by the State of Design, thereby fulfilling Australia’s international obligations and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft types registered in Australia. These directives apply to any person or entity operating or maintaining aircraft within Australia's jurisdiction, ensuring compliance with safety standards set forth by both national and international aviation authorities. The ADs are legislative instruments that reflect Australia's obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide continuing airworthiness information to States of Registry, including Australia. CASA, acting as Australia's national airworthiness authority, is tasked with assessing these directives and issuing corresponding Australian ADs when necessary, ensuring the continuing airworthiness of aircraft registered within Australia. While ADs are subject to disallowance and scrutiny under the Legislative Instruments Act 2003, they do not require public consultation or a Regulatory Impact Statement as they are issued in response to international safety directives.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are legislative instruments, as stipulated in section 6 of the Legislative Instruments Act 2003, and they are disallowable under section 46A of the Acts Interpretation Act 1901.
Under the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety of the type to the States of Registry. In response to the European Aviation Safety Authority's (EASA) issuance of AD 2008-0060R1 for Apex Aircraft CAP 10B model aircraft, CASA has issued Australian AD/CAP 10/13, Amendment 1, effective from 9 April 2009. This AD replaces the previous directive and mandates the requirements for ensuring the continuing airworthiness of this aircraft type registered in Australia.
The obligations imposed by these provisions primarily fall on CASA as Australia's national airworthiness authority. CASA must assess the AD issued by the State of Design and, if deemed appropriate, issue a corresponding Australian AD. This ensures that the safety standards set by the State of Design are adhered to in Australia, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This involves ensuring that all necessary actions, as specified in the AD, are taken to maintain the airworthiness of the affected aircraft.
Any failure to comply with the requirements of an AD can lead to serious consequences. For example, operating an aircraft that does not meet the airworthiness standards specified in an AD could result in serious safety hazards, potentially leading to civil or criminal penalties. Although no public consultation was required for this AD due to its international obligations, the AD is subject to disallowance under the Acts Interpretation Act 1901. Furthermore, non-compliance with ADs could result in severe civil penalties, including fines and imprisonment, as well as potential criminal charges if the non-compliance leads to an accident or incident. The exact penalties would depend on the severity of the non-compliance and the resultant consequences.