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-2008-12 affecting Bombardier CL600 series aeroplanes. Canada is the State of Design for this aeroplane type. CASA has assessed this AD and has issued Australian AD/CL-600/96 which will become effective on 8 May 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 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 Commonwealth Parliament, provides the legislative framework for regulating civil aviation in Australia. This Act was introduced to address the need for comprehensive safety regulations in the rapidly evolving field of civil aviation. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were created, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments issued to ensure the continuing airworthiness of aircraft types, mandated by Australia's obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, issues ADs in response to directives from the State of Design or as a result of domestic safety assessments. This legislative process ensures that Australian aircraft meet international safety standards, thereby enhancing the safety of air navigation within Australia and its territories.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are integral to ensuring the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. ADs are legislative instruments that reflect Australia’s commitment to international civil aviation standards, as outlined in Annex 8 to the Convention on International Civil Aviation. This regulation mandates that CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the relevant State of Design. This process is exemplified by the issuance of Australian AD/CL-600/96 in response to Transport Canada's AD CF-2008-12 for Bombardier CL600 series aeroplanes, where Canada is the State of Design. The issuance of such directives is governed by Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, through regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall within the definition of a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are a critical means of ensuring the ongoing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, holds primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In turn, the State of Registry, which is the country where the individual aircraft is registered, must implement requirements to ensure the aircraft’s continuing airworthiness. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is obligated to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft meet international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the duty to evaluate ADs issued by the States of Design and to issue corresponding Australian ADs if they are deemed necessary. This ensures that any identified safety issues are addressed in a timely manner. CASA must also ensure that the ADs are consistent with international obligations under the Convention on International Civil Aviation. Given that these ADs are issued in response to international obligations and are evaluated by CASA, there is no requirement for public consultation on these directives. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing these directives.
In terms of consequences, breaches of the airworthiness directives can lead to significant civil or criminal penalties. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with ADs, failure to adhere to these directives can result in severe consequences, including fines and potential grounding of the aircraft. Such breaches not only endanger public safety but also expose operators to legal action, highlighting the importance of strict compliance with these directives.