CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 United States FAA issued AD 2005-11-04 affecting Bombardier CL-600 series aeroplanes modified by Supplemental Type Certificate (STC) SA4900SW. Whilst the United States is not the State of Design for these aeroplanes it is the State of Design for the STC. CASA has assessed this AD and has issued Australian AD/CL-600/65, which will become effective on 16 June 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework governing all aspects of civil aviation in Australia, with a strong emphasis on safety. This Act was introduced to address the need for a cohesive and authoritative legal structure to regulate the burgeoning aviation industry, ensuring that air navigation safety and efficiency were paramount. The Act empowers the Governor-General to create regulations under section 98, which are crucial for maintaining the safety of air navigation. The Civil Aviation Regulations 1998 further refine these provisions by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential tools in ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to directives from the State of Design, thereby fulfilling Australia's international obligations and ensuring the safety and compliance of aircraft within the Australian Register.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, apply to the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. The Act and its regulations are intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The scope of the Act and its regulations extends to all aircraft registered in Australia, and they are applicable in accordance with Australia's obligations under the Convention on International Civil Aviation, particularly under Annex 8 which addresses the continuing airworthiness of aircraft. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, and CASA, as the national airworthiness authority, must issue Australian ADs in response to relevant international directives. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific design modifications, such as the AD issued for Bombardier CL-600 series aeroplanes modified by STC SA4900SW.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as required for the safety of air navigation (section 98 and regulation 39.001). An AD is a legislative instrument that mandates certain actions or checks to ensure the continuing airworthiness of a type of aircraft or aeronautical product. These directives are crucial because, under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to other States of Registry. The State of Registry, in this case CASA, has the responsibility to implement these requirements to ensure the aircraft remain airworthy.
Entities governed by these regulations, particularly CASA and aircraft operators, have specific obligations. CASA must assess airworthiness directives issued by other countries, particularly the State of Design, and determine if they apply to aircraft registered in Australia. If so, CASA must issue a corresponding Australian AD, mandating the compliance with the requirements specified in the original directive. Aircraft operators, on the other hand, must adhere to the ADs issued by CASA, ensuring that any required maintenance, modifications, or inspections are conducted promptly and properly to maintain the airworthiness of their aircraft.
Failure to comply with the requirements of an AD can result in severe consequences. The Civil Aviation Act 1988 and associated regulations may impose both civil and criminal penalties for non-compliance. The exact nature and severity of these penalties can vary, but they may include fines, imprisonment, or both, depending on the specific breach and its impact on aviation safety. The maximum penalties for serious breaches can be significant, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.
In summary, the issuance and enforcement of airworthiness directives under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are vital for maintaining the safety standards of aircraft operating in Australia. CASA's role in assessing and issuing these directives, coupled with the obligations of aircraft operators to comply, underscores the collaborative effort required to uphold these safety standards. Non-compliance can lead to severe penalties, highlighting the importance of adherence to these directives.