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 63-10-03 affecting Convair 340 and 440 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CONVAIR/22, which will become effective on 08 June 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 in Australia and is overseen by the Parliament of Australia. The Act authorises the Governor-General to create regulations under section 98, which are aimed at maintaining air safety. These regulations include the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. An AD is a legislative instrument that must comply with the Legislative Instruments Act 2003. The issuing of ADs aligns with international obligations under the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure the aircraft's ongoing airworthiness. CASA is required to assess international ADs and issue corresponding Australian ADs when necessary, such as the recent AD/CONVAIR/22 issued in response to an AD from the United States regarding Convair 340 and 440 model aircraft. Given the international context and the regulatory nature of ADs, no public consultation was deemed necessary, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations for the purpose of ensuring air navigation safety. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and are subject to disallowance as per section 46A. The issuance of ADs is driven by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The ADs are designed to align with international standards and practices, and as such, they are issued without public consultation and do not require a Regulatory Impact Statement. This particular legislative instrument, AD/CONVAIR/22, was issued by CASA in response to a US FAA AD affecting Convair 340 and 440 model aircraft, effective from 08 June 2006.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives serve as regulatory tools to maintain the safety standards of aircraft in operation. The ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901, and are subject to disallowance. The State of Design, which is responsible for the ongoing airworthiness of a particular aircraft type, must provide necessary information to ensure the safety of aircraft registered in other states, as outlined in Annex 8 of the Convention on International Civil Aviation. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue its own ADs to enforce the requirements set by the State of Design.
Under the Civil Aviation Safety Regulations 1998, the State of Registry, which is the country where an aircraft is registered, holds the responsibility for ensuring the ongoing airworthiness of that aircraft. This entails developing or adopting appropriate requirements to maintain airworthiness standards. When the State of Design issues an AD, CASA must evaluate the provided information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. For example, the US Federal Aviation Administration (FAA) has issued AD 63-10-03 for Convair 340 and 440 model aircraft, and CASA has subsequently issued Australian AD/CONVAIR/22, which will take effect on 08 June 2006.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to act on the information provided by the State of Design and issue ADs when necessary to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry must also develop or adopt appropriate requirements to maintain the airworthiness of aircraft, while the State of Design must provide necessary information to ensure the safety of aircraft registered in other countries. In the case of ADs issued by the State of Design, the State of Registry must evaluate the information and issue its own ADs if appropriate.
Failing to comply with the airworthiness directives can result in severe consequences. If an aircraft is found to be non-compliant with the ADs, it may be deemed unairworthy, leading to potential grounding of the aircraft. Such non-compliance may also result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are not explicitly stated in the text but can include fines, imprisonment, or both, depending on the nature and extent of the violation. It is essential for all parties involved to adhere to the ADs to ensure the safety of air navigation and maintain the highest standards of airworthiness.