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 issued CF-2008-15R1 affecting Bombardier CL 600-2B19. Canada is the State of Design for this type. As a result of the revision to Transport Canada AD CF-2008-15, CASA has amended the equivalent Australian AD to AD/CL-600/97 Amdt 1. The amended AD will become effective on 6 October 2008. This AD cancels and replaces the previous issue.
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, Systems and New Technologies in the Airworthiness Engineering Group, 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 framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft in Australia. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, to maintain the highest safety standards in civil aviation. The Civil Aviation Safety Authority (CASA) is the designated national airworthiness authority responsible for implementing these regulations. The objective of the Act is to ensure the safety and efficiency of civil aviation by providing a regulatory structure that aligns with international standards, particularly those set by the International Civil Aviation Organization (ICAO).
The issuance of ADs, such as AD/CL-600/97 Amdt 1, reflects Australia’s commitment to international civil aviation obligations under the Convention on International Civil Aviation. This particular AD, issued in response to a revision by Transport Canada affecting Bombardier CL 600-2B19 aircraft, exemplifies the process whereby CASA aligns Australian regulations with those of the State of Design, ensuring consistency and compliance with international safety standards. Given the nature of ADs as legislative instruments, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, in accordance with the provisions of the Civil Aviation Act.
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 certain kinds of aircraft or aeronautical products. These ADs are instrumental in ensuring compliance with safety standards and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are mandated under the Civil Aviation Act 1988 to uphold the safety of air navigation. This regulatory framework applies to all aircraft registered in Australia, imposing obligations on the State of Registry to ensure continuing airworthiness, and mandates CASA to issue corresponding ADs when required by the State of Design, such as Transport Canada in this instance. The issuance of ADs is a direct response to international obligations under the Convention on International Civil Aviation, and thus, these directives do not require public consultation or a Regulatory Impact Statement. The ADs are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in alignment with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs), which are pivotal in ensuring the continuing safety and airworthiness of aircraft. According to section 98 of the Civil Aviation Act 1988, the Governor-General can establish regulations aimed at enhancing the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory authority is further clarified by subregulation 39.001(5), which states that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to rigorously assess and, if necessary, issue ADs when the State of Design issues a corresponding AD for aircraft types registered in Australia. This process ensures that the continuing airworthiness of individual aircraft is maintained as per the standards set by the State of Registry, which must develop or adopt specific requirements to uphold these standards. When Canada, as the State of Design for the Bombardier CL 600-2B19, issued CF-2008-15R1, CASA responded by amending the equivalent Australian AD to AD/CL-600/97 Amdt 1, effective from 6 October 2008. This amendment reflects Australia's commitment to international aviation safety standards as stipulated in the Convention on International Civil Aviation.
Failing to comply with the requirements set forth in these ADs can result in serious consequences. Although the AD in question was issued without public consultation due to its basis in international obligations, non-compliance with ADs can lead to severe penalties. Such penalties may include fines, imprisonment, or both, depending on the severity of the breach. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the maximum penalties, but they establish a clear framework for enforcing compliance to ensure that all aircraft maintain the highest safety standards.