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-2009-35 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/120, which will become effective on
22 October 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 Best Practice Regulation 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, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia with a primary focus on ensuring the safety of air navigation. One of its key mechanisms for maintaining this safety is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that address potential safety issues with aircraft and aeronautical products. In the context of international obligations under Annex 8 to the Convention on International Civil Aviation, Australia's national airworthiness authority, the Civil Aviation Safety Authority (CASA), must respond to ADs issued by the State of Design of an aircraft type, ensuring the continuing airworthiness of aircraft registered in Australia. This legislative framework aims to harmonise Australia's approach to air safety with international standards and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory mechanism is integral to the Civil Aviation Act 1988, which aims to ensure the safety of air navigation. ADs are legislative instruments, as indicated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they fall under the purview of the Legislative Instruments Act 2003. These directives are a key component of maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Canada in the case of the Bombardier CL-600 model aircraft, holds the responsibility for providing necessary information to ensure airworthiness, which CASA must then evaluate and potentially adopt as Australian ADs. This process underscores the international cooperation necessary for maintaining aviation safety standards across different jurisdictions. The ADs are issued without public consultation due to their alignment with international obligations and the immediate nature of safety concerns they address, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, under section 98 and regulation 39.001 respectively, establish the framework for the issuance of airworthiness directives (ADs) (39.001(5)). ADs are legislative instruments that pertain to specific types of aircraft or aeronautical products and are crucial for maintaining the continuing airworthiness of aircraft. In line with Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure airworthiness. This information is disseminated through ADs, which are commonly used by ICAO Contracting States, including Australia. CASA, as the national airworthiness authority, must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with safety regulations.
The obligations under these provisions are primarily focused on the assessment and implementation of ADs by CASA. When an AD is issued by the State of Design, CASA must evaluate the information provided and determine whether an Australian AD is necessary. This involves a rigorous assessment to ensure that the AD aligns with Australian safety standards and requirements. If an Australian AD is deemed necessary, CASA must issue it to mandate the required safety measures for the aircraft type in question. Additionally, the State of Registry, which is responsible for the individual aircraft, must ensure that the aircraft meets the continuing airworthiness requirements as stipulated in the AD.
Failure to comply with an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can lead to imprisonment. The specific penalties depend on the severity of the breach and are determined by the courts. The Act also allows for the issuance of fines for non-compliance with ADs, which can vary based on the nature and extent of the breach. It is important to note that the issuance of ADs does not require consultation with the Australian public, and they are not subject to a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a structured approach for the issuance and enforcement of airworthiness directives. These directives are essential for ensuring the safety and airworthiness of aircraft. CASA's role in evaluating and implementing ADs is critical, and non-compliance can result in severe legal consequences. The streamlined process for issuing ADs, without the need for public consultation or a Regulatory Impact Statement, ensures that safety measures are implemented efficiently and effectively.