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 2009-28R1 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for these aeroplanes. As a result of this amendment, CASA has amended the equivalent Australian AD to AD/CL600/119 Amendment 1. The amended AD will become effective on 24 September 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for a comprehensive legal framework to govern aviation safety and operations. In 1998, the Civil Aviation Safety Regulations were introduced to provide further detail on the requirements for maintaining airworthiness of aircraft and aeronautical products. Under this regulatory scheme, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued in response to identified safety issues and are mandated by Australia's obligations under the Convention on International Civil Aviation, ensuring alignment with global safety practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia. These regulations apply to all aircraft and aeronautical products within Australia, ensuring compliance with international standards and the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, such as Canada for the Bombardier CL600 series aeroplanes, holds primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess this information and, when appropriate, issue equivalent ADs to enforce the requirements of the State of Design. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement is required for their issuance. The ADs are developed by CASA in accordance with the Civil Aviation Act 1988, ensuring that all relevant Australian aircraft comply with international safety standards.
Key Provisions
The Civil Aviation Act 1988, through 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. These directives are instrumental in ensuring the continuing airworthiness of aircraft and are governed by Annex 8 to the Convention on International Civil Aviation. Notably, ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003 and can be subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act 1988, CASA, as Australia's national airworthiness authority, is mandated to assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce the requirements stipulated by the State of Design. This ensures that Australian aircraft comply with international standards of airworthiness. For example, in response to Transport Canada's AD 2009-28R1 concerning Bombardier CL600 series aeroplanes, CASA issued an equivalent Australian AD, AD/CL600/119 Amendment 1, effective from 24 September 2009. This action underscores CASA’s role in harmonizing national regulations with international standards.
The obligations imposed by these regulations require CASA to maintain close coordination with the State of Design and other relevant authorities to ensure that ADs are issued promptly and accurately. CASA must also ensure that any changes or amendments to ADs are effectively communicated to all relevant stakeholders, including aircraft operators and owners. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to implement the ADs. Additionally, CASA must ensure that any new ADs are reviewed and assessed for their impact on air safety and operational efficiency.
Failure to comply with ADs can result in severe consequences, both civil and criminal. Non-compliance with an AD can lead to the grounding of affected aircraft until the required actions are taken, which can disrupt operations and incur significant costs for operators. Furthermore, under section 13 of the Civil Aviation Act 1988, CASA can issue infringement notices for breaches of the regulations, with maximum penalties as prescribed in the regulations. For more serious breaches, CASA can initiate legal proceedings, which may result in substantial fines and, in extreme cases, imprisonment. Therefore, adherence to ADs is critical for maintaining safety standards in the aviation industry.