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 Austrian Civil Aviation Administration has issued AD A-2005-005 affecting Diamond DA40 model aircraft. Austria is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DA40/6, which will become effective on 1 December 2005.
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 establish the legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act provides the basis for making regulations that contribute to the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stated in regulation 39.001. These ADs are legislative instruments subject to disallowance, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs aim to align with the international standards set by the International Civil Aviation Organization (ICAO) under Annex 8, ensuring that Australia meets its international obligations for the continuing airworthiness of aircraft. The policy objective of this legislation is to harmonise Australia's civil aviation safety standards with international practices, thereby enhancing the safety of air navigation within Australia and its alignment with global standards.
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) which are regulatory instruments designed to ensure the safety of aircraft and aeronautical products. These directives apply to aircraft registered in Australia and must be implemented by the State of Registry, which in Australia's case is CASA. The authority to issue such directives stems from the Civil Aviation Act 1988, with specific reference to section 98, and they are considered legislative instruments under the Legislative Instruments Act 2003. Geographically, the application of these directives is nationally confined to Australia, aligning with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. The ADs are issued in response to safety concerns identified by the State of Design, and CASA's role is to evaluate and, if necessary, adapt these directives to the Australian context. Notably, these directives do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international consensus on their necessity for aviation safety.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines provisions for ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that promote safety in air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The State of Design, which is Austria in the case of the Diamond DA40 aircraft, holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia, to maintain airworthiness standards.
The obligations under these regulations require CASA, as Australia’s national airworthiness authority, to assess any AD issued by the State of Design and to issue corresponding Australian ADs if necessary. This ensures that the safety standards set by the State of Design are enforced within Australia. Additionally, the State of Registry, which is Australia for individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA’s role includes reviewing international ADs and determining whether Australian ADs are needed to align with international safety standards.
Failure to comply with ADs can result in significant legal consequences. The Civil Aviation Safety Regulations 1998 outline potential penalties for non-compliance, which can include substantial fines and imprisonment. For instance, the maximum penalty for contravening an airworthiness directive can be a significant financial penalty and, in severe cases, imprisonment for up to two years. These penalties underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.
The issuance of ADs, such as AD/DA40/6 for the Diamond DA40 model aircraft, is governed by Australia’s obligations under the Convention on International Civil Aviation and does not typically require public consultation. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD, issued by the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office, follows the legislative framework outlined in section 84A(2) of the Civil Aviation Act 1988. This structured approach ensures that airworthiness directives are issued efficiently and effectively, maintaining safety and compliance within the aviation sector.