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-2007-35 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CL-600/92, which will become effective on 31 January 2008.
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 Acting Manager, Systems and New Technologies 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 provide a comprehensive framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of aviation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of aviation safety, with a particular focus on air navigation. One of the key regulatory mechanisms established under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate compliance with airworthiness standards, ensuring that aircraft and aeronautical products maintain their airworthiness throughout their operational life. This legislative framework is critical for aligning Australia's aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General can enact regulations for the Act's purposes, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, must be assessed and, if necessary, adopted by CASA as Australia’s national airworthiness authority. This process ensures compliance with international standards set by the International Civil Aviation Organization (ICAO), specifically under Annex 8, which places responsibility for an aircraft's continuing airworthiness on the State of Design and mandates the State of Registry to implement necessary requirements. In instances where the State of Design issues an AD, CASA must evaluate and potentially issue an Australian AD to enforce these requirements. For example, CASA issued Australian AD/CL-600/92 in response to Transport Canada’s AD CF-2007-35, which concerns Bombardier CL-600-2B19 model aircraft, reflecting Australia's adherence to international obligations without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority extends to the issuance of airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which CASA is authorised to implement for particular kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 necessitate that the State of Design, such as Canada in the case of the Bombardier CL-600-2B19 model aircraft, provide essential information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this case, Australia, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements. This process is a reflection of Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of both the State of Design and the State of Registry in maintaining aircraft airworthiness.
Failure to comply with the mandates set forth in the ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to enforcement actions, including fines or other penalties. The exact nature and severity of these penalties would depend on the specific breach and the discretion of the enforcement authority. The ADs themselves, while not subject to public consultation due to their international obligations, are carefully crafted to ensure the safety and airworthiness of aircraft, thus protecting public safety and adhering to international standards.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are critical for maintaining the safety and airworthiness of aircraft, particularly in response to international standards and obligations. These regulations impose clear obligations on both the State of Design and the State of Registry to ensure that aircraft remain airworthy. Non-compliance with these directives can lead to severe legal repercussions, reinforcing the importance of adherence to these safety measures.