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-2009-19 affecting Bombardier CL600-2B19 series aeroplanes. Canada is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CL600/109, which will become effective on 2 July 2009.
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, enacted by the Australian Parliament, is designed to ensure the safety and efficiency of civil aviation. A significant aspect of this Act is the authority it grants the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). As a legislative instrument, ADs are subject to disallowance under the Acts Interpretation Act 1901, and their creation is governed by the Legislative Instruments Act 2003. The ADs issued by CASA reflect Australia's commitment to international obligations and are often in direct response to directives issued by the State of Design, as per Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that CASA, as the national airworthiness authority, can effectively implement safety measures mandated by international and domestic regulations without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products. These ADs are mandated by the State of Design for a particular aircraft type and are integral for ensuring the continuing airworthiness of aircraft registered in Australia. The ADs issued by CASA are legislative instruments, subject to disallowance, and align with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. Each AD is specific to the aircraft or aeronautical product it targets, and its issuance follows CASA's assessment of directives from the relevant State of Design. Given the international nature and obligations under the Convention, these ADs do not require public consultation or a Regulatory Impact Statement. CASA, as Australia's national airworthiness authority, ensures that Australian ADs reflect the necessary safety measures as determined by the State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998 (sections 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft types, aligning with the State of Design's responsibilities under Annex 8 to the Convention on International Civil Aviation. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to evaluate any ADs issued by the aircraft's State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Entities and parties governed by these regulations must comply with ADs to maintain the airworthiness of their aircraft. This includes adhering to the specific maintenance, repair, and operational requirements outlined in the ADs. The State of Registry, which in Australia is CASA, has the responsibility to develop or adopt measures to ensure that aircraft meet these continuing airworthiness standards. Non-compliance with ADs can lead to serious safety risks and may result in legal consequences, including potential enforcement actions by CASA.
Breaches of the ADs may result in civil or criminal penalties. Under the Civil Aviation Act 1988, individuals or entities failing to comply with an AD can face significant fines and even imprisonment, depending on the severity of the violation. The specific penalties are not outlined in the provided text, but they can be severe, reflecting the importance of adhering to airworthiness directives to ensure public safety. The gravity of these consequences underscores the necessity for strict compliance with ADs issued by CASA.