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 2008-0086 affecting Diamond Aircraft Industries GmbH DA42 series aeroplanes. EASA acts on behalf of Germany, the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/DA42/5, which will become effective on 3 July 2008.
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 Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legal framework for civil aviation activities in Australia, ensuring safety and efficiency in air navigation and related services. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were also developed to provide detailed safety standards and procedures. One key aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in regulation 39.001. This mechanism ensures that aircraft maintain their airworthiness in compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types. When such directives are issued by other countries, CASA must evaluate and, if necessary, issue corresponding ADs for aircraft registered in Australia. This legislative process, overseen by CASA, aims to uphold the safety standards required by international conventions and domestic regulations without necessitating public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing safety and airworthiness of aircraft operating within Australian airspace. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives apply to all aircraft and aeronautical products registered in Australia, ensuring compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8. CASA, acting as Australia's national airworthiness authority, must respond to ADs issued by the State of Design and mandate their requirements through Australian ADs when necessary. This process ensures that Australian aircraft meet international safety standards and aligns with the responsibilities of the State of Registry under Annex 8 to maintain the continuing airworthiness of aircraft registered within its jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to airworthiness directives (ADs) include regulation 39.001, which authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (39.001). These directives serve to ensure the continuing airworthiness of the specified aircraft, as outlined in the regulations. The ADs are legislative instruments as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (39.001(5)). They are issued to mandate specific requirements for maintaining the airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8.
The obligations and requirements imposed by the CASR on parties governed by these provisions include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, as well as the State of Registry's obligation to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry (Annex 8). CASA, as Australia's national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue a corresponding Australian AD to mandate the requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards, as outlined by the ICAO and other relevant authorities.
The Civil Aviation Act 1988 and the associated regulations impose civil and criminal consequences for breaches of the ADs. Non-compliance with ADs can result in significant penalties. Under section 13.024 of the CASR, a person who contravenes an AD may face civil penalties, including fines up to the maximum prescribed by the regulations. Additionally, under section 84A(3) of the Civil Aviation Act 1988, failure to comply with an AD can result in criminal penalties, including fines and imprisonment. The severity of the penalties reflects the critical importance of adhering to airworthiness directives in maintaining the safety of air navigation.