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 81-22-02 affecting Convair 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/6, 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, enacted by the Parliament of Australia, was introduced to ensure the safety and regulation of civil aviation within the country. The Act provides the framework for the creation and enforcement of regulations related to airworthiness, including the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create such regulations for the interests of air navigation safety. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of the Civil Aviation Act 1988, in this context, is to maintain the continuing airworthiness of aircraft registered in Australia, ensuring compliance with international standards as outlined in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which mandates regulations in the interest of air navigation safety. These ADs, including the Australian AD/CONVAIR/6 issued in response to the US FAA’s AD 81-22-02 for Convair 340 and 440 models, are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The AD applies to any person or entity operating the specified Convair aircraft types within Australia, ensuring compliance with national airworthiness standards as mandated by CASA. Geographically, the AD’s application is national, aligning with Australia’s responsibilities under the Convention on International Civil Aviation, particularly the airworthiness obligations of the State of Registry and the State of Design. This AD does not require public consultation or a Regulatory Impact Statement, as it stems from international obligations and pre-existing ADs issued by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation, with a particular focus on the continuing airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are integral to maintaining airworthiness as they are the primary means by which States of Design communicate necessary information to States of Registry, including Australia.
Under these legislative provisions, CASA has the responsibility to assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. For instance, when the United States Federal Aviation Administration (FAA) issues an AD, CASA must review this information and decide if an Australian AD is appropriate for the aircraft registered in Australia. This process ensures that Australian aircraft meet international safety standards and comply with the requirements set by the relevant State of Design. In this particular case, CASA has assessed the FAA's AD 81-22-02 for Convair 340 and 440 model aircraft and issued Australian AD/CONVAIR/6, which will take effect on 11 May 2006.
The obligations placed on parties by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the duty of the State of Design to provide necessary information to ensure continuing airworthiness and the responsibility of the State of Registry to develop or adopt requirements to maintain this airworthiness. CASA, as Australia’s national airworthiness authority, must ensure that these obligations are met by assessing and issuing relevant ADs. This legislative framework mandates that all parties involved adhere to these standards to maintain the safety of air navigation.
Failure to comply with the requirements of an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The penalties for such offences can be severe, including substantial fines and imprisonment. The exact penalties are not specified in the provided text but are determined by the courts based on the nature and severity of the offence. In addition to criminal penalties, non-compliance can also result in civil consequences, such as the grounding of aircraft, which can have severe operational and financial repercussions for operators and owners.