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-2003-05R1 affecting Bombardier CL-600-2B19 aircraft. Canada is the State of Design for these aircraft. As a result, CASA has amended the equivalent Australian AD to AD/CL-600/80 Amendment 1. The amended AD will become effective on 24 September 2009. 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, 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, enacted by the Australian Parliament, establishes the legislative framework for civil aviation safety in Australia. This Act addresses the need to ensure the safety of air navigation and the continuing airworthiness of aircraft by delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are critical for maintaining safety standards and are aligned with international obligations under the Convention on International Civil Aviation. The objective of the ADs is to mandate specific requirements for aircraft registered in Australia, ensuring they meet necessary safety standards as determined by the relevant State of Design. The Civil Aviation Safety Regulations 1998 further elaborate on these requirements, with regulation 39.001 authorising CASA to issue ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative process allows CASA to respond to international safety directives and maintain the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft types and are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to States of Registry. CASA, acting as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs to comply with the requirements set forth by the State of Design. For example, in response to an airworthiness directive issued by Transport Canada for Bombardier CL-600-2B19 aircraft, CASA has amended the corresponding Australian AD to AD/CL-600/80 Amendment 1, which will take effect on 24 September 2009. Given that these directives are issued in response to international obligations and the specific actions of the State of Design, no public consultation is required, and the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was formulated by the Manager, Future Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are intended to ensure the safety and airworthiness of aircraft, and are issued under the authority granted by the Governor-General as stated in section 98 of the Act. The ADs are a type of legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Essentially, an AD is a regulatory tool used to mandate safety requirements for specific types of aircraft or aeronautical products.
The obligations imposed on the parties and entities governed by these regulations include ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure safety. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry must review and, if necessary, issue a corresponding AD to enforce the requirements. In the case of Australia, CASA is responsible for this process.
There are specific civil and criminal consequences for breaches of these regulations. While the text does not detail specific penalties, it is understood that non-compliance with airworthiness directives could result in serious safety issues, potentially leading to enforcement actions by CASA. Such actions could include fines, suspension or revocation of airworthiness certificates, and other administrative or legal penalties. These measures are critical to ensuring that all aircraft operating within Australia meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.
In summary, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 empower CASA to issue airworthiness directives to ensure the safety of aircraft. These directives are based on international standards and require cooperation between the State of Design and the State of Registry. Failure to comply with these directives can lead to significant legal and safety consequences, underscoring the importance of adhering to these regulations.