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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/CL-600/54 Amdt 1 affecting Bombardier CL-600 series aeroplanes. Transport Canada issued AD CF-2009-02R1 on 13 January 2010 which supersedes the requirements of AD/CL-600/54 Amdt 1 and as such this AD has been cancelled. Canada is the state of design for these aircraft. The cancellation will become effective on 9 February 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. It empowers the Governor-General to make regulations to achieve these objectives, including the issuance of airworthiness directives to maintain the safety standards of aircraft. The Civil Aviation Safety Regulations 1998, made under the Act, detail the processes and requirements for these directives. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue such directives for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to align with international standards set by the International Civil Aviation Organization (ICAO) and to ensure that Australian airworthiness practices are consistent with those of other contracting states.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft registered in Australia. These ADs apply to aircraft and aeronautical products within Australia’s jurisdiction, and their issuance is critical for maintaining safety standards in accordance with international conventions such as Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA is responsible for assessing the directive and, if necessary, issuing a corresponding Australian AD to enforce the required safety measures. This process ensures that the aircraft continue to meet the necessary airworthiness standards, ultimately safeguarding public safety. ADs are legislative instruments, subject to disallowance, and are issued without public consultation as they do not require a Regulatory Impact Statement. CASA's authority to issue ADs is derived from the Civil Aviation Act 1988 and regulated under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 specifically empowers CASA to issue ADs. This regulatory power is reinforced by the fact that ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, typically the country where the aircraft was designed, has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. Consequently, when the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by these regulations require CASA to meticulously evaluate any ADs issued by the State of Design that pertain to aircraft on the Australian Register. If CASA determines that an AD is necessary, it must issue an Australian AD to ensure compliance with the continuing airworthiness requirements. This process ensures that all aircraft operating in Australia meet stringent safety standards. Moreover, the State of Registry, which is Australia in this context, is responsible for implementing and enforcing the ADs to maintain the airworthiness of the aircraft registered in the country. This dual responsibility between the State of Design and the State of Registry is crucial for maintaining international safety standards.
Failure to comply with an AD can result in serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is considered an offence. The Act provides for various penalties, including fines and imprisonment, to enforce adherence to airworthiness directives. The exact penalties are not specified in the provided text, but generally, they can be substantial, reflecting the critical importance of air safety. Furthermore, non-compliance with an AD can also lead to civil consequences, such as the grounding of an aircraft, which can have severe operational and financial repercussions for airlines and other aviation stakeholders.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a robust framework for issuing and enforcing airworthiness directives. CASA’s role in assessing and implementing ADs from the State of Design is crucial for maintaining the safety of air navigation in Australia. The obligations placed on CASA, along with the potential penalties for non-compliance, underscore the importance of adhering to these directives. This legal structure ensures that aircraft operating in Australia meet the highest safety standards, thereby protecting both passengers and the broader aviation community.