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 has issued AD CF-2005-23 affecting Bombardier CL-600 aeroplanes. Canada is the State of Design for this aeroplane. CASA has assessed this AD and has issued Australian AD/CL-600/68 which will become effective on 29 September 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 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, was established to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and environmental protection. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) to ensure the ongoing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures and responsibilities related to ADs, empowering the Civil Aviation Safety Authority (CASA) to issue these directives for specified types of aircraft or aeronautical products. The legislative intent is to uphold the safety of air navigation and to comply with international standards set by the Convention on International Civil Aviation. In this context, CASA acts on ADs issued by the State of Design, ensuring that Australian aircraft meet necessary safety standards as per international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are mandated to ensure the safety of air navigation and fall under the overarching framework of the Civil Aviation Act 1988. The issuance of ADs is a legislative instrument, as outlined in the Legislative Instruments Act 2003, and they are designed to meet the continuing airworthiness requirements stipulated by Annex 8 to the Convention on International Civil Aviation. ADs are typically issued in response to findings or directives from the State of Design or other relevant authorities and are then assessed and adopted by CASA. In the case of the AD/CL-600/68, CASA issued the directive in response to Transport Canada’s AD CF-2005-23 affecting Bombardier CL-600 aeroplanes, reflecting Australia’s commitment to international civil aviation standards. This directive applies to all relevant aircraft registered in Australia and mandates compliance with specific safety measures.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. This regulatory mechanism is essential for maintaining the safety standards of aircraft operating in Australia.
The obligations imposed by these regulations are multifaceted. The State of Design, which is the country where the aircraft type is designed, bears the primary responsibility for the continuing airworthiness of that aircraft type. It must provide any necessary information to ensure the aircraft's airworthiness to the States of Registry. The State of Registry, which in Australia is represented by CASA, is then responsible for assessing this information and issuing ADs if necessary. This ensures that the aircraft on the Australian Register meet the required safety standards.
Failure to comply with an AD can lead to significant legal consequences. The Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, but under the Civil Aviation Act 1988, non-compliance with regulations can result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can involve imprisonment, reflecting the seriousness of ensuring air safety. The precise penalties depend on the specific nature and severity of the non-compliance.
An example of this regulatory process is the issuance of Australian AD/CL-600/68 in response to Transport Canada's AD CF-2005-23, which affects Bombardier CL-600 aeroplanes. As Canada is the State of Design, CASA assessed the AD and issued its own directive, which became effective on 29 September 2005. This action underscores the international collaboration required to maintain air safety standards. Since ADs are issued due to international obligations and in response to directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.