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 CF-2009-02 affecting Bombardier CL-600-2B19 aircraft. Canada is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/CL-600/54 Amendment 1. The amended AD will become effective on 12 March 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 acting Manager, Airframe and Structures 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, was introduced to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This legislative framework allows the Governor-General to make regulations for the purposes of the Act, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective underpinning these provisions is to uphold the highest standards of safety in civil aviation, aligning with international obligations, such as those stipulated in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. This legislative mechanism ensures that CASA, as Australia's national airworthiness authority, can effectively respond to ADs issued by other States of Design, thereby maintaining the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under the authority of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft registered in Australia and to any aeronautical products used in Australian civil aviation. The scope of these regulations extends to mandating specific safety measures or corrective actions, as determined necessary by CASA, to ensure the continuing airworthiness of aircraft. The authority to issue ADs is granted to CASA by regulation 39.001 of the Civil Aviation Safety Regulations 1998, and any such directive is considered a legislative instrument under the Legislative Instruments Act 2003. These directives are issued in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design with overall responsibility for the continuing airworthiness of an aircraft type, with the State of Registry tasked with ensuring the compliance of individual aircraft. Exemptions or exclusions from these regulations are not explicitly stated in the provided text, but they typically depend on specific circumstances and compliance with international standards.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001. These ADs apply to specific types of aircraft or aeronautical products and are considered legislative instruments due to their disallowable nature under section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that CASA can mandate requirements for the continuing airworthiness of aircraft registered in Australia, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
The Act imposes significant obligations on CASA and other stakeholders to ensure the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, is mandated to assess information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry, which in this case is Australia, must develop or adopt the necessary requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. The State of Design, such as Canada for Bombardier CL-600-2B19 aircraft, bears the responsibility of issuing initial ADs, which CASA then reviews and, if appropriate, adapts for Australian conditions.
Failure to comply with the requirements stipulated in an AD can result in serious consequences. Civil or criminal penalties may be imposed under the Civil Aviation Act 1988, although specific penalties are not detailed in the provided text. The gravity of non-compliance is underscored by the legislative intent to maintain the highest standards of air safety, reflecting the overarching goal of protecting public safety in air navigation.
The process for issuing the AD in question followed a structured protocol. CASA, in its capacity as the national airworthiness authority, assessed the information from the State of Design and issued the amended Australian AD, which cancels and replaces the previous directive. This AD was made in accordance with subsection 84A(2) of the Act by the acting Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA. The decision not to consult the Australian public on this AD, as determined by the Office of Regulatory Review, aligns with the understanding that ADs do not necessitate a Regulatory Impact Statement, given their specific focus on safety mandates derived from international obligations.