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.
The Canadian ‘Transport Canada’ has issued AD CF-2008-15 affecting Bombardier CL-600-2B19 model aircraft. Canada is the State of Design for Bombardier CL-600 aircraft types. CASA has assessed this AD and has issued Australian AD/CL-600/97, 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes, 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 ensure the safety of air navigation in Australia. It empowers the Governor-General to create regulations that facilitate the safety of air navigation, as detailed in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. Given their legislative nature, ADs are subject to disallowance under the Acts Interpretation Act 1901 and are classified as legislative instruments according to the Legislative Instruments Act 2003. The recent issuance of Australian AD/CL-600/97 by CASA, in response to a Transport Canada directive affecting Bombardier CL-600-2B19 model aircraft, exemplifies the application of these provisions to uphold international safety standards and ensure the continuing airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such directives are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the aircraft type, must provide necessary information to ensure airworthiness, and CASA, as Australia’s national airworthiness authority, assesses and issues corresponding Australian ADs. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs extend to all aircraft of the specified kind registered in Australia and are issued without public consultation, as they respond to international obligations and directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations necessary for the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Essentially, these directives are crucial tools for ensuring the continuing airworthiness of aircraft types, as outlined under Annex 8 to the Convention on International Civil Aviation.
The obligations placed on entities such as CASA and the State of Registry are significant. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international safety standards. The State of Registry, meanwhile, is responsible for ensuring the continuing airworthiness of individual aircraft, often by developing or adopting requirements that align with ADs. This collaborative effort ensures that aircraft in Australian airspace meet international safety standards and are maintained in a state that ensures the safety of passengers and crew.
Failure to comply with ADs can result in serious consequences. While the specific penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can lead to severe civil and criminal penalties. These could include fines, suspension or revocation of airworthiness certificates, and potential criminal charges against individuals or companies responsible for non-compliance. Such measures are in place to underscore the importance of adhering to ADs and maintaining the highest safety standards in civil aviation.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing airworthiness directives that are crucial for maintaining the safety and airworthiness of aircraft operating within Australian airspace. CASA’s role in assessing and issuing these directives, in alignment with international obligations and standards, ensures that the aviation industry adheres to stringent safety requirements. The serious consequences for non-compliance serve as a deterrent, reinforcing the importance of these regulations in protecting public safety.