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-2005-0025 affecting DH 87 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DH 87/3, which will become effective on 27 October 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 provide for the regulation of civil aviation in Australia, with a strong emphasis on safety. One of the significant tools within this framework is the issuance of airworthiness directives (ADs), which are implemented under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that the Civil Aviation Safety Authority (CASA) issues to ensure the continuing airworthiness of aircraft and aeronautical products. As per the Convention on International Civil Aviation, the State of Design has the primary responsibility for maintaining the airworthiness of an aircraft type, and ADs serve as the primary means of communicating necessary information to States of Registry, including Australia. When the United Kingdom Civil Aviation Authority issued an AD for the DH 87 model aircraft, CASA, acting as Australia's national airworthiness authority, assessed the directive and issued a corresponding Australian AD, which underscores the importance of international cooperation in maintaining aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, in this case the United Kingdom, holds responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. This process ensures compliance with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation (Airworthiness) Regulations 1998, as referenced under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs (as outlined in subregulation 39.001(5)) are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. The regulations are structured to ensure the continuing airworthiness of aircraft types and individual aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) and its Convention on International Civil Aviation.
The obligations and requirements imposed by these regulations on parties and entities include the responsibility of the State of Design to provide necessary information for ensuring the continuing airworthiness of an aircraft type to the State of Registry. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process is mandated by Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of both the State of Design and the State of Registry. The requirement is to ensure that all aircraft within Australia's jurisdiction maintain their airworthiness standards in line with international obligations.
The issuance of an AD, such as AD/DH 87/3 by CASA in response to AD G-2005-0025 by the UK Civil Aviation Authority (CAA), comes without public consultation due to Australia’s international obligations under the Convention on International Civil Aviation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
For breaches of the regulations or failure to comply with the issued ADs, there are potential civil and criminal consequences. The specific penalties for non-compliance are not detailed in the provided text, but typically, violations of airworthiness regulations can result in fines, imprisonment, or both, depending on the severity of the breach and the jurisdiction’s legal provisions. The enforcement of these regulations is critical to maintaining the high standards of safety in air navigation as stipulated under the Civil Aviation Act 1988.