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-2005-0033 affecting De Havilland 89 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DH 89/4, which will become effective on 9 November 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, enacted to ensure the safety of air navigation, empowers the Governor-General to create regulations, including those for airworthiness directives. These directives are critical for maintaining the safety and airworthiness of aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) has the authority to issue such directives when necessary, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. In line with international obligations under the Convention on International Civil Aviation, Australia, through CASA, ensures the continuing airworthiness of aircraft on its register by issuing Australian airworthiness directives in response to directives from the State of Design, such as the UK in the case of the De Havilland 89 model aircraft. This process adheres to international standards and does not require public consultation due to its alignment with international agreements and obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation in Australia. Under this legislative arrangement, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, as stipulated in subregulation 39.001(5) and in accordance with section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The primary objective of these directives is to uphold the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with the overall responsibility for ensuring the airworthiness of an aircraft type, and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess any airworthiness information from the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required measures. The jurisdictional scope of these regulations extends nationally, with CASA acting on behalf of the Commonwealth to ensure compliance with international standards and Australian regulations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These ADs are critical for ensuring the continuing airworthiness of aircraft and are issued by states that are parties to the Convention on International Civil Aviation, including Australia.
The obligations under this legislation are primarily concerned with the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the aircraft’s airworthiness. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess the information provided by the State of Design and, if appropriate, issue corresponding ADs to enforce the requirements on Australian-registered aircraft. This ensures that all aircraft registered in Australia comply with the necessary safety standards.
Failure to comply with the requirements set forth in an AD can result in significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various penalties for non-compliance with ADs. The specific consequences depend on the nature and severity of the violation but may include fines and potential criminal charges. The maximum penalties are not detailed in the provided text but are typically severe, reflecting the importance of adhering to airworthiness directives to ensure public safety.
CASA's issuance of AD/DH 89/4 in response to the UK CAA's AD G-2005-0033 illustrates the international coordination required under the Convention on International Civil Aviation. Since this AD was issued due to Australia’s international obligations and in response to a directive from the relevant State of Design, it did not undergo public consultation or require a Regulatory Impact Statement. The AD was 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. This highlights the streamlined process for issuing ADs when they are directly linked to international obligations and safety requirements.