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-2003-08 affecting Bombardier CL-600 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/81, which will become effective on 30 August 2007.
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, Airframes 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 to establish and regulate civil aviation in Australia, includes provisions for ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this regulation is to ensure the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design and State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing and issuing ADs when necessary, such as in the case of Transport Canada’s AD CF-2003-08 affecting Bombardier CL-600 model aircraft, leading to the issuance of Australian AD/CL-600/81. This process underscores the importance of international cooperation in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory framework applies to all aircraft registered in Australia, ensuring that the State of Registry, which is responsible for the continuing airworthiness of individual aircraft, adheres to the safety standards set forth by CASA. These directives are issued in response to safety concerns identified by the State of Design, such as Transport Canada in the case of Bombardier CL-600 model aircraft, and are implemented to meet international obligations under the Convention on International Civil Aviation. As such, ADs serve to harmonise safety regulations across jurisdictions and ensure consistency in airworthiness standards. The issuance of these directives does not require public consultation, and no Regulatory Impact Statement is mandated, reflecting the urgency and necessity of addressing safety issues promptly. The scope of these regulations extends to all entities involved in the design, manufacture, and operation of aircraft in Australia, and they apply nationally to maintain safety in the aviation sector.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 concern the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess any ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs to enforce the required safety measures. Additionally, the State of Registry of an aircraft must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
Failing to comply with an AD can result in significant consequences. Under regulation 40.127 of the Civil Aviation Safety Regulations 1998, any person who contravenes an AD commits an offence, subjecting them to a maximum penalty of 200 penalty units, or a higher penalty if specified by other regulations. Civil and criminal liabilities may also apply, depending on the severity and impact of the breach. These penalties underscore the importance of adhering to ADs, which are critical for maintaining the safety standards of air navigation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issue ADs to ensure the continuing airworthiness of aircraft, based on information provided by the State of Design. These directives are legally binding, and failure to comply can result in substantial penalties, reinforcing the necessity for strict adherence to these safety measures.