CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC has issued AD F-2005-049 affecting CAP 10B model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CAP 10/9 which will become effective on 4 April 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was designed to provide a comprehensive regulatory framework for civil aviation, with a strong emphasis on safety. This legislation empowers the Governor-General to make regulations in the interests of air navigation safety, as evidenced in the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that are crucial for maintaining the continuing airworthiness of aircraft, mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. These directives ensure that States of Design and States of Registry work together to uphold safety standards globally.
In the specific case of AD/CAP 10/9 issued by the Civil Aviation Safety Authority (CASA) in response to AD F-2005-049 by the French DGAC, the legislative process underscores Australia's commitment to international aviation safety protocols. CASA, acting as Australia's national airworthiness authority, issued this directive following an assessment of the international AD, reflecting the statutory requirement to align with the obligations under the Convention on International Civil Aviation. This directive was made by CASA without public consultation, as determined by the Office of Regulatory Review, which concluded that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products, mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. They are integral to maintaining safety standards as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, issues ADs, and the State of Registry, which is Australia in this context, must adopt and enforce these directives to maintain compliance with international standards. CASA issues Australian ADs in response to directives from the State of Design, ensuring that the aircraft registered in Australia meet the necessary safety requirements. This process is conducted without public consultation, as determined by the Office of Regulatory Review, which also confirmed that a Regulatory Impact Statement is not required for such ADs. The ADs are issued by designated CASA personnel, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the Act’s purpose, primarily focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process ensures that aircraft maintain their airworthiness in accordance with international standards and Australian requirements. Section 39.001(5) of the same regulations classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, ADs are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to evaluate airworthiness directives issued by the State of Design and to ensure these directives are applicable to aircraft registered in Australia. As per Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case, France for the CAP 10B model aircraft, is responsible for the continuing airworthiness of the aircraft type, while the State of Registry, which is Australia in this scenario, must adopt or develop requirements to ensure the aircraft’s continuing airworthiness. CASA, acting as Australia’s national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs to enforce these requirements. This collaborative approach ensures that all aircraft operating under Australian jurisdiction meet the safety standards set forth by ICAO.
There are no specific offences, penalties, or civil/criminal consequences mentioned for breaches of the ADs in the provided text. However, non-compliance with airworthiness directives can lead to serious safety issues and may result in regulatory actions by CASA. This could include the grounding of non-compliant aircraft, fines, or other enforcement measures. Although the exact penalties are not detailed in the provided text, such breaches are taken seriously to uphold the highest standards of aviation safety.
The AD in question, issued by CASA in response to AD F-2005-049 from the French DGAC, does not require public consultation or a Regulatory Impact Statement. This decision was made in accordance with the Office of Regulatory Review's determination that ADs do not necessitate such measures. The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in line with subsection 84A(2) of the Act, ensuring that the directive aligns with both international obligations and national safety standards.