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 2008-0060 affecting APEX Aircraft CAP 10B aircraft. EASA acts on behalf of France, the State of Design for this aircraft. CASA has assessed this AD and has issued Australian AD/CAP 10/13, which will become effective on 15 April 2008.
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 Acting Manager, Airframe and Structures in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation within Australia, empowers the Governor-General to make regulations that contribute to the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in accordance with international obligations under the Convention on International Civil Aviation. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. This AD was issued in response to AD 2008-0060 by the European Aviation Safety Authority on behalf of France, the State of Design for APEX Aircraft CAP 10B aircraft. The AD has been issued without public consultation, as it is a direct response to international obligations and has been determined not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of States of Design and States of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. This regulatory framework applies to all aircraft registered in Australia and necessitates CASA's role as the national airworthiness authority to mandate requirements based on international directives. For instance, in response to EASA's AD 2008-0060 concerning APEX Aircraft CAP 10B, CASA issued AD/CAP 10/13, which became effective on 15 April 2008. Given that this action arises from international obligations and the specific nature of ADs, no public consultation or Regulatory Impact Statement was required, streamlining the process as mandated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory power stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act's purposes and in the interest of air navigation safety. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These ADs are a pivotal tool for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type’s airworthiness and requires it to provide necessary information to States of Registry.
Entities governed by the Civil Aviation (Safety) Regulations 1998 must comply with the airworthiness directives issued under regulation 39.001. The State of Registry, in this case CASA, has the responsibility to assess ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs to enforce the required safety measures. This regulatory framework ensures that aircraft operating within Australia meet international safety standards. For instance, in response to EASA's AD 2008-0060 affecting APEX Aircraft CAP 10B, CASA issued Australian AD/CAP 10/13, reflecting Australia's commitment to international civil aviation obligations.
Given that ADs are issued in compliance with international obligations and in response to directives from the State of Design, they do not require consultation with the Australian public, nor do they necessitate a Regulatory Impact Statement. The AD/CAP 10/13 was issued by the Acting Manager, Airframe and Structures, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This streamlined process ensures that critical safety directives are implemented swiftly without bureaucratic delays.
Failure to comply with ADs can result in significant civil and criminal consequences. Entities failing to adhere to the requirements set out in an AD may face enforcement actions, including fines and potential criminal charges. The specific penalties for non-compliance are not detailed in the provided text, but under the Civil Aviation Act 1988, non-compliance with airworthiness directives can lead to substantial fines and imprisonment, reflecting the serious nature of aviation safety violations. The exact penalties would be determined based on the severity of the non-compliance and any resultant harm.