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-2008-16 affecting Bombardier CL-600-2B16 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-600/98, which will become effective on 14 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 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 to establish a comprehensive regulatory framework for civil aviation in Australia, addresses the need to ensure the safety and efficiency of air navigation. This legislation empowers the Governor-General to create regulations that safeguard air navigation, which includes the issuance of airworthiness directives (ADs). These ADs are instrumental in maintaining the safety standards of aircraft and aeronautical products, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of these regulations is to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia's national airworthiness authority, CASA, can effectively manage the continuing airworthiness of aircraft registered within its jurisdiction. The ADs are legislative instruments that are issued without public consultation, as they respond to international obligations and are assessed based on the information provided by the aircraft's State of Design.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, designed to ensure the continuing airworthiness of aircraft registered in Australia. This regulation applies to aircraft types that are designed and manufactured by entities based in other countries, such as the Bombardier CL-600 model aircraft designed by Canada. CASA, as Australia’s national airworthiness authority, is responsible for assessing information from the State of Design and issuing corresponding Australian ADs if necessary. This ensures that Australian aircraft meet international safety standards as mandated by the Convention on International Civil Aviation. Notably, the process of issuing these ADs does not require public consultation or a Regulatory Impact Statement, given their technical nature and the obligation to adhere to international aviation agreements.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is designed to ensure that aircraft maintain their airworthiness over time and comply with international standards.
The obligations imposed by these provisions primarily fall on CASA, as Australia’s national airworthiness authority. CASA is mandated to assess airworthiness directives issued by the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type. If CASA determines that an AD from the State of Design is appropriate, CASA must issue a corresponding Australian AD. This process is crucial for ensuring that all aircraft registered in Australia meet the necessary safety standards. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of each individual aircraft, often by adopting or developing specific requirements to achieve this goal.
Failure to comply with airworthiness directives can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may lead to severe penalties. The specific consequences, including potential fines and imprisonment, are detailed in section 38B of the Act, which outlines the penalties for breaches of civil aviation regulations. The severity of these penalties underscores the importance of adhering to airworthiness directives to maintain the safety and integrity of the aviation system.
In summary, the Civil Aviation Act 1988 and the associated regulations establish a robust framework for issuing and enforcing airworthiness directives. CASA plays a central role in assessing and implementing these directives, while the State of Registry and the aircraft operators bear the responsibility of ensuring compliance. Non-compliance can lead to substantial penalties, highlighting the critical nature of adhering to these regulations to ensure the safety of air navigation.