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 issued AD CF-2008-33R1 affecting Bombardier CL-600 2B19 aircraft. Canada is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/CL-600/104 Amendment 1. The amended AD will become effective on 9 February 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 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations that safeguard air navigation, aligning with international standards. One such regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is responsible for assessing and issuing these directives when necessary, ensuring compliance with international obligations and maintaining safety standards. This legislative framework ensures that Australia meets its commitments under the Convention and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These regulations empower CASA to issue ADs concerning specific types of aircraft or aeronautical products to ensure compliance with airworthiness standards. Such directives are legislative instruments subject to disallowance and must be assessed by CASA when issued by the State of Design. This ensures that Australia meets its obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and State of Registry for ensuring an aircraft’s continuing airworthiness. ADs issued by CASA apply to aircraft registered in Australia, and the process of issuing these directives is typically in response to actions by the aircraft’s State of Design, without the need for public consultation, as determined by the Office of Regulatory Review. The ADs are formulated and implemented by CASA officials within the Airworthiness Engineering Group, reflecting the statutory mandate under section 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for the Act, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the associated regulations impose certain obligations and requirements on CASA and the State of Registry for the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with international obligations and maintains safety standards.
Failure to comply with ADs can result in civil or criminal penalties. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state the penalties for non-compliance with ADs, CASA may take enforcement action against operators who fail to comply with the directives. Such enforcement actions may include fines, suspension or revocation of airworthiness certificates, or other administrative actions to ensure compliance with safety regulations. Additionally, serious non-compliance could lead to criminal charges under other relevant legislation, resulting in fines or imprisonment.
The process of issuing an AD is streamlined to ensure timely responses to safety concerns. For example, Transport Canada issued AD CF-2008-33R1 for Bombardier CL-600 2B19 aircraft, and CASA amended the equivalent Australian AD to AD/CL-600/104 Amendment 1, effective from 9 February 2009. This AD replaces the previous version, reflecting the need for continuous updates to address emerging safety issues. Given the international nature of ADs and Australia’s obligations under the Convention on International Civil Aviation, consultation with the Australian public is not required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement, allowing for a swift regulatory response to safety directives issued by the State of Design.