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.
The Civil Aviation Safety Authority issued AD/CL-600/71 requiring compliance with various State of Design ADs affecting Bombardier CL-600 aircraft. Transport Canada has since amended one of the ADs listed (CF-2003-23R2) to CF-2003-23R3 issued on 21 May 2010. As a State of Design airworthiness directive issued on or after 1 October 2009 is defined as an airworthiness directive per CASR Part 39.001A, Australian operators must now comply with AD CF-2003-23R3 directly. As such, CASA has amended AD/CL-600/71 to delete reference to CF-2003-23R2. The amended AD, AD/CL-600/71 Amdt 1,will become effective on 9 June 2010. This AD cancels and supersedes 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia with a focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations that support the overarching objective of aviation safety. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a legislative instrument, crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are essential for the State of Registry to develop or adopt requirements to ensure the ongoing airworthiness of aircraft within their jurisdiction. This legislative framework ensures that Australian operators comply with airworthiness directives issued by the relevant State of Design, thereby fulfilling international obligations and maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments, subject to disallowance and oversight by the Governor-General. The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of aircraft, and must comply with ADs issued by the State of Design. In line with international obligations under the Convention on International Civil Aviation, CASA issued AD/CL-600/71 for Bombardier CL-600 aircraft, which has now been amended to AD/CL-600/71 Amdt 1 to reflect updates from Transport Canada's AD CF-2003-23R3. This directive applies directly to Australian operators of the affected aircraft and takes effect from 9 June 2010. Given the international nature and specific technical requirements of these directives, no public consultation is mandated, and they do not require a Regulatory Impact Statement. The AD was made under the authority granted by the Civil Aviation Act 1988 and is subject to the provisions of the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products under regulation 39.001. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. This regulatory framework ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. The State of Design holds primary responsibility for ensuring the airworthiness of aircraft types, while the State of Registry is tasked with implementing and enforcing these standards for individual aircraft.
Under this regulatory structure, Australian operators of Bombardier CL-600 aircraft must comply with ADs issued by CASA. These ADs mandate adherence to specific requirements set forth by the State of Design. For instance, CASA issued AD/CL-600/71, which required compliance with various State of Design ADs. Recently, Transport Canada amended one of the referenced ADs (CF-2003-23R2) to CF-2003-23R3, effective 21 May 2010. Consequently, CASA amended AD/CL-600/71 to reflect this change, with the updated directive, AD/CL-600/71 Amdt 1, becoming effective on 9 June 2010. This amendment supersedes the previous AD, and Australian operators must now comply directly with the updated CF-2003-23R3.
Compliance with these ADs is mandatory for all relevant parties, including aircraft operators and owners. They must ensure that all specified actions, modifications, or inspections are performed in a timely manner to maintain the airworthiness of their aircraft. CASA's role includes monitoring and enforcing compliance with these directives to uphold safety standards. Failure to adhere to the requirements outlined in an AD can result in serious safety risks and potential legal consequences. CASA retains the authority to take enforcement actions against non-compliance, which may include grounding of non-compliant aircraft, fines, or other regulatory penalties.
In terms of legal ramifications, violations of ADs can lead to both civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can result in civil penalties, including substantial fines. In severe cases, repeated or egregious violations may lead to criminal charges. The maximum penalties for these offences can vary, but they are intended to enforce strict compliance with safety regulations. CASA's enforcement actions are aimed at ensuring that all operators maintain the airworthiness of their aircraft, thereby protecting public safety and conforming to international aviation standards.