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-2003-12 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-600/82, 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 by the Parliament of Australia, addresses the need to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation, with specific provisions enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are instrumental in maintaining the safety standards required under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is tasked with assessing information from States of Design and, if necessary, issuing Australian ADs to ensure compliance with international safety standards. The ADs are legislative instruments and are issued without public consultation, as they respond to international obligations and pre-existing ADs from other contracting states.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) can issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are considered legislative instruments and fall under the purview of the Legislative Instruments Act 2003. The State of Registry, in this case CASA, is mandated to develop or adopt requirements for maintaining the airworthiness of aircraft registered in Australia, adhering to the standards set by the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. For instance, when Transport Canada issued an AD affecting Bombardier CL-600 model aircraft, CASA evaluated and issued a corresponding Australian AD to ensure compliance with international safety standards. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, and are made by CASA officials in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with regulation 39.001 of the Civil Aviation Safety Regulations 1998, provides that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. Such directives serve as the primary means of ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial design and certification of the aircraft type, must provide necessary information to the State of Registry, which is responsible for the ongoing maintenance and safety oversight of individual aircraft within its jurisdiction. In this context, CASA, as Australia’s national airworthiness authority, is obligated to review and, if necessary, issue corresponding ADs to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act promptly in response to airworthiness directives issued by the State of Design. CASA must assess the information provided by the State of Design, such as Transport Canada’s AD CF-2003-12 concerning Bombardier CL-600 model aircraft, and determine if an Australian AD is necessary. Once CASA issues an Australian AD, as seen with AD/CL-600/82, the relevant parties, including aircraft operators and maintenance providers, must comply with the mandated requirements to ensure the continued airworthiness of the affected aircraft. This process underscores the importance of international cooperation in maintaining aviation safety standards and the necessity for prompt and accurate dissemination of airworthiness information.
Failure to comply with the requirements set forth in an airworthiness directive can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil penalties, including fines, and in severe cases, criminal charges. The specific penalties are not detailed in the provided text, but they are established by the Act to ensure enforcement of safety regulations. The consequences for violating an AD reflect the critical nature of adhering to airworthiness standards to protect public safety and maintain the integrity of the aviation industry. Therefore, entities governed by these regulations must take the mandates of ADs seriously to avoid legal repercussions.