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-2005-21R1, affecting Bombardier Inc. CL 600 series aeroplanes. Canada is the State of Design for this aeroplane. As a result of a request from industry, CASA has amended the equivalent Australian AD. The amended AD, AD/CL 600/66 Amendment 1, will become effective on 16 March 2006. 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 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, with the primary objective of ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that are essential for the safety of air navigation, thereby filling a critical gap in the legislative landscape concerning the oversight and regulation of civil aviation activities within Australia. The Civil Aviation Safety Regulations 1998 further operationalise the provisions of the Act by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory mechanism ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, thereby facilitating the harmonisation of safety regulations across different jurisdictions. The ADs serve as legislative instruments, mandating compliance with airworthiness requirements to maintain the safety and integrity of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory power is exercised in the interests of ensuring the safety of air navigation, as outlined in the Civil Aviation Act 1988. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, mandate specific safety requirements and are integral to maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 of the Convention on International Civil Aviation. The State of Design, such as Canada for the Bombardier Inc. CL 600 series aeroplanes, issues the initial AD, and CASA, as Australia’s national airworthiness authority, must then assess and issue an equivalent Australian AD if necessary. This process ensures that Australian-registered aircraft comply with international safety standards and aligns with Australia's obligations under the Convention on International Civil Aviation. The ADs are issued without public consultation, as determined by the Office of Regulatory Review, which found that they do not require a Regulatory Impact Statement. The ADs are made by CASA officials, in accordance with the Civil Aviation Act 1988, ensuring that all applicable safety directives are met effectively and efficiently.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) under section 98 (subsection 39.001). Specifically, regulation 39.001(5) states that CASA can issue ADs for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, given their disallowable nature as per section 46A of the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case Canada for Bombardier Inc. CL 600 series aeroplanes, has the primary obligation to provide information necessary for maintaining airworthiness. Australia, as the State of Registry, must then adopt these directives to ensure compliance with international standards and the safety of air navigation.
The obligations imposed by the ADs on the relevant parties, such as aircraft operators and manufacturers, are extensive. They must comply with the ADs to maintain the airworthiness of the aircraft. For example, AD/CL 600/66 Amendment 1, issued by CASA, mandates specific actions that must be taken by operators of the affected aircraft. These actions often include inspections, repairs, or modifications to the aircraft to address identified safety issues. Operators must ensure that their maintenance personnel are adequately trained to perform these tasks and that all required actions are documented and logged appropriately. Failure to comply with the ADs can result in the aircraft being deemed unairworthy, which could lead to grounding and potential legal consequences for the operator.
Breaching the requirements set forth in an AD can have significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence that can lead to both civil and criminal penalties. The maximum penalties can include substantial fines for individuals and corporations. Additionally, failure to adhere to ADs can result in the suspension or revocation of an aircraft's certificate of airworthiness, effectively grounding the aircraft until the required actions are completed. Such actions not only impact the operator financially but also pose significant safety risks, as operating an aircraft that does not meet airworthiness standards can endanger passengers, crew, and the general public. Therefore, it is imperative for all parties involved to take the directives seriously and ensure full compliance.