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 US FAA has issued AD 77-10-11 affecting Convair 240, 340 and 440 model aircraft. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CONVAIR/15, which will become effective on 11 May 2006.
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 Manufacturing, Certification and New Technologies Office, 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 and to provide for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that are critical for maintaining the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that are used to mandate the continuing airworthiness of aircraft and aeronautical products, and they are issued by the Civil Aviation Safety Authority (CASA) in accordance with international obligations under the Convention on International Civil Aviation. The policy objective behind ADs is to ensure that aircraft on the Australian Register meet international safety standards and are maintained in a safe condition. In the case of AD/CONVAIR/15, CASA issued this directive in response to an airworthiness directive issued by the US Federal Aviation Administration for Convair 240, 340, and 440 model aircraft, reflecting Australia’s commitment to international safety protocols and the responsibilities of the State of Registry.
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 specific kinds of aircraft or aeronautical products. These ADs are mandated in the interests of safety as stipulated under section 98 of the Civil Aviation Act 1988. Notably, these directives are legislative instruments as per the Legislative Instruments Act 2003, and they must align with the requirements of the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. In the case of Convair 240, 340, and 440 model aircraft, CASA has issued Australian AD/CONVAIR/15 in response to an AD from the United States Federal Aviation Administration, reflecting Australia’s commitment to international safety standards. The process of issuing such ADs does not require public consultation, as determined by the Office of Regulatory Review, which has also concluded that these directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for ensuring the safety of air navigation in Australia, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Under section 98 of the Act, the Governor-General has the authority to make these regulations in the interests of safety. The State of Design is responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the State of Registry to ensure this airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include assessing any ADs issued by the State of Design that affect aircraft on the Australian Register and, if appropriate, issuing an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international standards for safety and airworthiness. In the case of the US Federal Aviation Administration (FAA) issuing AD 77-10-11 for Convair 240, 340, and 440 model aircraft, CASA has assessed this directive and issued Australian AD/CONVAIR/15, which will become effective on 11 May 2006. Because this AD is a direct response to an AD from the USA, the State of Design, and because it is issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, no public consultation has taken place. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
For breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with an airworthiness directive, there are significant consequences. Such breaches may result in enforcement actions by CASA, which could include administrative penalties, fines, and potentially criminal charges. The maximum penalties for offences under the Civil Aviation Act 1988 can be substantial, reflecting the critical nature of air safety. Civil penalties may include fines of up to $1,242,000 for corporations and $248,400 for individuals, while criminal penalties may include imprisonment terms depending on the severity of the breach. These stringent measures underscore the importance of adhering to airworthiness directives and maintaining the highest standards of aviation safety.