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-2007-10 affecting Bombardier CL600-2B19 aeroplanes. Canada is the State of Design for this aeroplane type. CASA has assessed this AD and has issued Australian AD/CL-600/87, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, primarily focusing on ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations aimed at maintaining the safety of air navigation, as evidenced by the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) issues these ADs, which serve as legislative instruments, to mandate specific safety requirements for aircraft types. The issuance of such directives is aligned with international obligations under the Convention on International Civil Aviation, ensuring that Australia meets its commitments to the continuing airworthiness of aircraft. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, as they are responses to international safety directives from the aircraft's State of Design.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments made under section 98 of the Act, with the aim of ensuring the safety of air navigation. The ADs apply to specific kinds of aircraft or aeronautical products and are issued by the Civil Aviation Safety Authority (CASA), which is Australia’s national airworthiness authority. These regulations extend to all aircraft registered in Australia, irrespective of the aircraft's State of Design or State of Registry, ensuring compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The geographic reach of these regulations is national, covering all aircraft operating within Australian jurisdiction. There are no stated exclusions or exemptions within the text, implying that all relevant aircraft and aeronautical products are subject to these regulations. The issuance of ADs may also be extended or restricted through subordinate instruments, reflecting the dynamic nature of airworthiness requirements and the continuous evolution of aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby qualifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation are significant for both the State of Design and the State of Registry of an aircraft. The State of Design, under Annex 8 to the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to States of Registry to ensure airworthiness. Conversely, the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess the AD and, if necessary, issue an Australian AD to enforce the requirements.
In the case of the Bombardier CL600-2B19 aeroplanes, Transport Canada, as the State of Design, issued AD CF-2007-10. CASA has evaluated this AD and issued Australian AD/CL-600/87, effective from 25 October 2007. This process illustrates the international collaboration required under the Convention on International Civil Aviation, where Australia, as the State of Registry, adheres to the directives issued by the State of Design to maintain airworthiness standards.
Failure to comply with an AD can result in serious consequences. While specific penalties for non-compliance are not detailed in the provided text, breaches of ADs typically attract significant penalties under civil and criminal law. In Australia, non-compliance with airworthiness regulations can lead to fines, imprisonment, or both, reflecting the critical importance of these directives in maintaining aviation safety standards.