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.
The Canadian TCA has issued AD CF-1000-35R1 affecting Bombardier CL-600-2B19 Regional Jet model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CL-600/41, Amendment 1, which will become effective on 29 June 2007. 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 Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. One significant component of this legislative framework is the ability for the Governor-General to make regulations under section 98 of the Act for the safety of air navigation. These regulations include the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. Such ADs are integral to maintaining the continuing airworthiness of aircraft, as they mandate specific requirements and actions to address safety issues, thereby aligning with Australia's obligations under the Convention on International Civil Aviation and the responsibilities of the State of Design and Registry. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and do not require public consultation or a Regulatory Impact Statement as per the Office of Regulatory Review's determination.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are imperative for maintaining the safety standards of aircraft and aeronautical products registered in Australia. These directives apply to specific kinds of aircraft or aeronautical products and are intended to ensure that the continuing airworthiness of these items is maintained in accordance with international standards. The issuance of an AD is a legislative instrument under Australian law, and its applicability is rooted in Australia’s commitment to the Convention on International Civil Aviation. The ADs are most often issued in response to directives from the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, and they mandate compliance with the requirements set by the State of Design. In the case of international collaboration, when a State of Design issues an AD affecting aircraft registered in Australia, CASA, as the national airworthiness authority, evaluates this information and, if necessary, issues an Australian AD to enforce the required compliance. These directives are designed to ensure uniformity in airworthiness standards across jurisdictions, thereby enhancing the safety and reliability of air navigation both domestically and internationally.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 relevant to this airworthiness directive (AD) are found in section 98 of the Act, which allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products (39.001(1)). Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby constituting a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this AD are primarily administrative and safety-focused. The State of Design, in this case Canada, has the responsibility to ensure the continuing airworthiness of the Bombardier CL-600-2B19 Regional Jet model aircraft, which involves providing necessary information to maintain safety standards. Under Annex 8 of the Convention on International Civil Aviation, the State of Design must share this information with States of Registry, which in this context means Australia. CASA, as the national airworthiness authority, is required to assess the information from the State of Design and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that the safety standards mandated by the State of Design are adhered to within Australia.
Breaching the requirements set out in an AD can result in significant legal consequences. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify exact penalties for non-compliance with ADs, failure to adhere to them can lead to severe civil and criminal penalties. Civil penalties can include fines and other administrative actions, while criminal penalties might involve imprisonment, depending on the severity of the breach and its impact on safety. Additionally, non-compliance could lead to the grounding of the aircraft, which would have severe operational and financial implications for the operators.
Given the critical nature of airworthiness directives, CASA's issuance of AD/CL-600/41, Amendment 1, was made without public consultation, as it is based on international obligations and the need to respond promptly to safety concerns raised by the State of Design. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued within the legal framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.