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-2007-36 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-600/93, which will become effective on 13 March 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, enacted by the Parliament of Australia, is designed to regulate civil aviation with a primary focus on ensuring the safety of air navigation. The Act provides the framework for the creation and enforcement of regulations necessary for maintaining safety standards in the aviation sector. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for ensuring the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain and enhance aviation safety by ensuring that aircraft meet specific safety standards, which are often prompted by actions taken by the State of Design or other contracting states. The ADs issued by CASA, such as the Australian AD/CL-600/93 in response to Transport Canada's AD CF-2007-36, are intended to mandate necessary safety requirements without the need for extensive public consultation due to their alignment with international obligations and safety imperatives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, thereby facilitating the safety of air navigation in line with the Civil Aviation Act 1988. Such ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. These directives ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design, while the State of Registry is tasked with implementing and enforcing these standards within its jurisdiction. In the case of Australia, CASA, acting as the national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to directives from the relevant State of Design. This legislative framework does not necessitate public consultation or a Regulatory Impact Statement for such directives, as they are responses to international obligations and pre-existing international directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Pursuant to this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments (subsection 39.001(5)), are essential tools for maintaining the safety and airworthiness of aircraft. Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety of aircraft to the States of Registry.
CASA, as Australia's national airworthiness authority, has the obligation to assess information from the State of Design and, if necessary, issue an Australian AD to ensure compliance with the safety requirements stipulated by the State of Design. For instance, in response to AD CF-2007-36 issued by Transport Canada for Bombardier CL-600-2B19 model aircraft, CASA issued Australian AD/CL-600/93. This process underscores the importance of international cooperation in maintaining air safety standards. CASA’s actions are also guided by the requirement to align with the Convention on International Civil Aviation, ensuring that all ADs issued are in response to international obligations and standards.
Failing to comply with an AD may result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to substantial penalties. The specific financial penalties for breaches of ADs are detailed in the Civil Aviation Safety Regulations 1998. These penalties are designed to enforce compliance and ensure that all aircraft remain airworthy. The severity of the penalties reflects the critical nature of adhering to airworthiness directives, which are fundamental to maintaining the safety of air travel. Therefore, entities and individuals governed by these regulations must ensure strict adherence to the issued directives to avoid potential legal repercussions.