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 European Aviation Safety Authority (EASA) has issued AD 2008-0224 affecting Diamond Aircraft Industries DA40 model aircraft. EASA acts on behalf of Austria, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DA40/9, which will become effective on 12 February 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia and ensure the safety of air navigation. The Act provides the legislative framework for the regulation of civil aviation and authorises the Governor-General to make regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 implement the Act and include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft. The ADs are legislative instruments, and their issuance is in line with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for the continuing airworthiness of an aircraft type, and ADs are the primary means of communicating airworthiness information. The State of Registry must ensure the continuing airworthiness of individual aircraft and must implement the requirements set out in ADs issued by the State of Design. CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue Australian ADs to enforce the requirements of foreign ADs on aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments made under section 98 of the Act and regulation 39.001 of the Regulations. These ADs apply to any kind of aircraft or aeronautical product and are intended to ensure the continuing airworthiness of these items, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is tasked with assessing and issuing these directives when necessary, particularly when an AD from the State of Design, such as the European Aviation Safety Authority (EASA) for the Diamond Aircraft Industries DA40, impacts aircraft registered in Australia. Given the international nature of these directives, no public consultation is required, and the ADs are not subject to a Regulatory Impact Statement. This regulatory process ensures that Australia meets its international obligations while maintaining the safety standards for aviation within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. In accordance with this, the Civil Aviation Safety Regulations 1998 (CASR) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs serve as legislative instruments, subject to disallowance as per section 46A of the Acts Interpretation Act 1901, and are regulated under section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to ensure that the continuing airworthiness of aircraft is maintained, in line with the requirements of Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require the State of Design to take overall responsibility for the continuing airworthiness of an aircraft type. This involves providing any necessary information to ensure the type's airworthiness to the States of Registry. Correspondingly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design, such as the European Aviation Safety Authority (EASA) on behalf of Austria, issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet the necessary safety standards as stipulated by international conventions.
In the case of the Diamond Aircraft Industries DA40 model aircraft, EASA issued AD 2008-0224. CASA, acting as Australia’s national airworthiness authority, assessed this directive and subsequently issued Australian AD/DA40/9, which will become effective on 12 February 2009. Given that this AD is issued in response to obligations under the Convention on International Civil Aviation and in alignment with an AD from the relevant State of Design, there has been no requirement for public consultation in Australia. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the acting Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 do not explicitly outline offences, penalties, or consequences for breaches of ADs within the provided text. However, non-compliance with ADs can have severe consequences, including grounding of aircraft, potential revocation of airworthiness certificates, and enforcement actions by CASA. While the specific penalties for non-compliance are not detailed in the excerpt, they generally include fines and potential imprisonment, as stipulated under the broader framework of the Civil Aviation Act 1988 and associated regulations. These measures underscore the critical importance of adhering to ADs to maintain the safety of air navigation.