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.
Transport Canada has issued AD CF-2008-20 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/103, which will become effective on 23 October 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia, establishing the framework for the operation of aircraft within Australian airspace. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated under the Civil Aviation Safety Regulations 1998. In accordance with these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to maintain airworthiness standards. The ADs serve as legislative instruments and are aligned with the international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and implement these directives, ensuring compliance with international standards and maintaining the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which are a subordinate instrument of the Civil Aviation Act 1988, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to any person or entity involved in the operation of aircraft in Australia, including aircraft owners, operators, and manufacturers, as well as aeronautical product manufacturers. The ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products, and are intended to address safety concerns that may affect aircraft or products registered in Australia. The geographic reach of the ADs is national, applying to all aircraft and aeronautical products registered in Australia. The regulations allow for the issuance of ADs in response to continuing airworthiness issues identified by the State of Design or by CASA itself. In some cases, ADs may be issued without public consultation or a Regulatory Impact Statement, particularly when they are issued in response to an AD from another country as part of Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, involve the issuance of airworthiness directives (ADs) under regulation 39.001. This provision allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. These ADs are intended to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, is also mandated to develop or adopt requirements to maintain the aircraft's airworthiness. When an AD is issued by the State of Design, CASA must review and, if necessary, issue a corresponding Australian AD.
The obligations and requirements imposed by the Act and Regulations on the parties involved include the responsibility of CASA to assess ADs issued by the State of Design and, if necessary, issue Australian ADs to ensure compliance with international safety standards. CASA must act in accordance with subsection 84A(2) of the Act, which grants it the authority to issue these directives. Additionally, the State of Design must provide all necessary information to support the continuing airworthiness of aircraft, while the State of Registry must ensure that its aircraft meet the prescribed safety standards. Both states are required to cooperate under Annex 8 to facilitate the sharing of information and implementation of safety measures.
Breaching the requirements set forth in the ADs can result in civil or criminal penalties, although specific penalties are not detailed in the text. Generally, failure to comply with an AD can lead to significant safety risks, which may result in enforcement actions by CASA. These actions could include fines, suspension or revocation of airworthiness certificates, and potential criminal charges for non-compliance with aviation safety regulations. The exact penalties would depend on the nature and severity of the breach, but they are designed to ensure strict adherence to safety standards to protect public safety and maintain the integrity of the aviation system.