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 Spanish Ministerio de Fomento - Aviación Civil issued AD 01/02 affecting CASA 212 series aircraft. Spain is the State of Design for these aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CASA/26 Amendment 2. The amended AD will become effective on
20 November 2008. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, primarily to ensure the safety of air navigation. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 were established to provide further detail on the safety requirements, including the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for specific kinds of aircraft or aeronautical products. The policy objective underpinning these regulations is to maintain and enhance the safety of air navigation by ensuring that all aircraft operating in Australian airspace meet stringent airworthiness standards. This is achieved through the coordination and alignment of Australian regulations with international standards, particularly those set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These directives, which are legislative instruments under the Legislative Instruments Act 2003, serve to maintain the continuing airworthiness of aircraft and are essential for compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type holds primary responsibility for ensuring its continuing airworthiness, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, must adopt or develop requisite measures to enforce these standards within its jurisdiction. This includes issuing Australian ADs in response to directives from the State of Design, such as the amendment to AD/CASA/26 for CASA 212 series aircraft following an AD issued by Spain. These ADs are issued without public consultation due to their alignment with international obligations and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is defined as a disallowable instrument under subregulation 39.001(5), and it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA and other entities by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of that type to States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Breaches of the requirements outlined in an AD can lead to serious consequences. Although the AD in question was issued under Australia's obligations under the Convention on International Civil Aviation and in response to a directive from the State of Design, non-compliance with the AD could result in penalties. The exact nature and severity of these penalties are not detailed in the provided text, but they could include fines, enforcement actions, or even grounding of the aircraft until compliance is achieved. The AD has been issued under the authority of the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.