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 UK CAA has issued AD G-2009-0002 affecting Thruxton Jackaroo model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DH 82/16, which will become effective on 30 July 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 Manager, Airframes& 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, enacted by the Australian Parliament, provides the framework for ensuring the safety of civil aviation within Australia. One of its primary functions is to enable the creation of regulations that support the overarching goal of maintaining air navigation safety. Among these regulations are the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as critical instruments in maintaining the continuing airworthiness of aircraft, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This legislation and the subsequent regulations aim to uphold the highest safety standards in line with international obligations, thereby protecting the public and ensuring efficient and safe air navigation.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for aviation safety in Australia, and the Civil Aviation Safety Regulations 1998 outline specific safety requirements and procedures under the Act. Regulation 39.001 of these Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as provided by subregulation 39.001(5) and further explained in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is part of Australia’s commitment to international aviation safety standards, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must ensure that any ADs issued by the State of Design are assessed and, if necessary, implemented as Australian ADs. This ensures that aircraft registered in Australia meet the required safety standards. For example, following the UK Civil Aviation Authority’s issuance of AD G-2009-0002 for Thruxton Jackaroo model aircraft, CASA assessed the directive and issued Australian AD/DH 82/16, effective from 30 July 2009. This process does not involve public consultation as it is governed by international obligations and is a routine part of maintaining airworthiness standards.
Key Provisions
The Civil Aviation Act 1988, and the associated Civil Aviation Safety Regulations 1998, govern the safety of air navigation in Australia. In particular, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 provides that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if necessary, adopted by Australia’s national airworthiness authority, CASA. Such directives are intended to ensure the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design for an aircraft type and the State of Registry for individual aircraft.
Under the Civil Aviation Safety Regulations 1998, the State of Design, which in this case is the UK, has the responsibility to provide information necessary to ensure the continuing airworthiness of a particular aircraft type. When the UK issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to ensure compliance with the requirements of the State of Design. In this instance, the UK Civil Aviation Authority issued AD G-2009-0002 for Thruxton Jackaroo model aircraft, and CASA has responded with Australian AD/DH 82/16, which will be effective from 30 July 2009. This AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and because of the AD raised by the relevant State of Design.
There are certain obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by them. For example, the State of Design has an obligation to provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. Failure to comply with these requirements could result in non-compliance with international aviation safety standards, potentially leading to safety issues.
There are consequences for breach of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Offences under these Acts can result in both civil and criminal penalties. For example, failure to comply with an AD can result in a civil penalty of up to $33,000 for individuals and $165,000 for corporations. Additionally, under section 338 of the Act, wilful or reckless conduct that results in the death of a person can result in imprisonment for up to 10 years. It is important for all parties governed by these Acts to comply with their requirements to avoid any potential civil or criminal consequences.