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-2005-26R1 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-600/83, 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 was enacted to regulate and ensure the safety of civil aviation within Australia, addressing the need for a comprehensive legal framework governing the safety of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing operational standards and safety measures. One critical function of the Act is enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, as stipulated under regulation 39.001, to maintain the continuing airworthiness of aircraft types registered in Australia. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In alignment with international obligations under the Convention on International Civil Aviation, the Act mandates that CASA assess and potentially issue Australian airworthiness directives in response to directives issued by the aircraft's State of Design, ensuring compliance with international standards and enhancing aviation safety.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated by the State of Design, which holds the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure that these ADs are assessed and, if appropriate, adopted as Australian ADs to enforce the requirements set by the State of Design. For instance, in response to an AD issued by Transport Canada for Bombardier CL-600 model aircraft, CASA issued Australian AD/CL-600/83. This AD, effective from 30 August 2007, aligns with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and is issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to establish regulations that serve the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. It is important to note that these directives, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are legislative instruments according to section 6 of the Legislative Instruments Act 2003. These directives are crucial tools for maintaining the continuing airworthiness of aircraft types, ensuring they meet safety standards as per Annex 8 of the Convention on International Civil Aviation.
In terms of obligations, the State of Design, which is the country responsible for the design of the aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing all necessary information to the appropriate States of Registry to ensure ongoing airworthiness. The State of Registry, on the other hand, is responsible for the airworthiness of an individual aircraft and must develop or adopt requirements to maintain its airworthiness. When a State of Design issues an AD, such as AD CF-2005-26R1 issued by Transport Canada for Bombardier CL-600 model aircraft, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. For example, CASA has issued Australian AD/CL-600/83, which will become effective on 30 August 2007, in response to the Canadian AD.
Breaching the requirements set out in an airworthiness directive can lead to significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for various offences and penalties for non-compliance with ADs. While the specific penalties are not detailed in the provided text, it is understood that failure to comply with an AD can result in severe civil or criminal penalties, including fines and imprisonment, depending on the severity and impact of the non-compliance on aviation safety. CASA’s role in issuing and enforcing these directives ensures that all aircraft operating in Australia meet the necessary safety standards, thereby protecting the public and maintaining the integrity of the aviation system.