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-2004-01R2 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/78 Amendment 1, which will become effective on 15 October 2009. This Amendment 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. In the interests of air navigation safety, the Act empowers the Governor-General to make regulations under section 98. These regulations are implemented by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which allows CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and they play a crucial role in ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are issued to address safety concerns identified by the State of Design and adopted or developed by the State of Registry, which in Australia is CASA. In this instance, an Australian AD has been issued in response to an AD from Transport Canada for Bombardier CL-600-2B19 model aircraft, reflecting Australia's obligations under international civil aviation conventions.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework is designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the obligations set out in Annex 8 of the Convention on International Civil Aviation. The ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are treated as such under the Legislative Instruments Act 2003. Each AD mandates compliance with the safety standards determined by the State of Design, which is then assessed and, if necessary, adopted by CASA as an Australian AD. This regulatory process ensures that Australian aircraft meet international safety standards, reflecting Australia's commitment to maintaining safe and reliable air navigation. The issuance of such directives does not typically require public consultation or a Regulatory Impact Statement, as they are generally issued in response to international obligations and directives from the aircraft's State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments and must comply with the requirements set out in section 6 of the Legislative Instruments Act 2003. They serve as a means to ensure the continuing airworthiness of aircraft types and are mandated by the obligations under Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, such as Transport Canada issuing AD CF-2004-01R2 for Bombardier CL-600-2B19 model aircraft, CASA, as the national airworthiness authority, assesses the information and issues a corresponding Australian AD, such as AD/CL-600/78 Amendment 1, which becomes effective on a specified date.
The obligations imposed by these ADs require the State of Registry to ensure the continuing airworthiness of individual aircraft, and this includes adopting the requirements set out in the ADs issued by the State of Design. For Australia, this means CASA must review and, if necessary, issue an AD in response to an international directive. The State of Design, in this case Transport Canada, holds the primary responsibility for issuing ADs and providing necessary information to ensure the airworthiness of the aircraft type. CASA’s role is to evaluate this information and issue the corresponding AD to mandate the requirements for aircraft on the Australian register. This ensures compliance with international standards and maintains the safety and airworthiness of aircraft operating within Australian airspace.
The ADs themselves carry significant legal weight, and failure to comply with them can result in severe consequences. Under the Civil Aviation Act 1988, breaches of ADs can lead to both civil and criminal penalties. Civil penalties can include fines and other financial penalties, while criminal penalties can result in imprisonment. The exact penalties depend on the nature and severity of the breach, but the overarching goal is to enforce compliance to ensure the safety of air navigation. It is imperative for aircraft operators, maintenance personnel, and other relevant parties to adhere strictly to the requirements set out in the ADs to avoid these penalties.
Additionally, the process of issuing ADs under the Civil Aviation Safety Regulations 1998 is designed to ensure efficiency and safety without unnecessary public consultation or extensive regulatory review. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process. This is particularly pertinent in situations where international obligations necessitate prompt action. The ADs are issued by authorised personnel within CASA, such as the Manager, Initial Airworthiness, in accordance with subsection 84A(2) of the Act, ensuring that the directives are implemented by qualified individuals within the regulatory framework.