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.
Transport Canada has issued AD CF-1991-42R1 affecting DHC-2 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-2/27, Amendment 3, which will become effective on 5 July 2007. This AD cancels and replaces the previous issue.
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 Acting 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, found in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, in line with the international standards set by the Convention on International Civil Aviation. The ADs are issued by CASA in response to directives from the aircraft's State of Design, ensuring that Australian-registered aircraft comply with international safety standards. This process is crucial for Australia’s adherence to its international obligations and for maintaining the safety of its aviation industry.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Airworthiness Directives) Regulations 2007, which are based on section 98 of the Civil Aviation Act 1988, pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These regulations extend their reach to any individual or entity involved in the operation, maintenance, or certification of aircraft registered in Australia. They are designed to ensure that the continuing airworthiness of aircraft aligns with international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments that are issued in response to directives from the State of Design, and they impose mandatory requirements that must be complied with by the State of Registry, in this case, CASA. The regulations do not require public consultation or a Regulatory Impact Statement as they are directly linked to international obligations and pre-existing ADs issued by other states. The issuance of these ADs is conducted under the authority of the Act, specifically by the Acting Manager, Airframes, on behalf of CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are issued to ensure compliance with safety standards, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Regulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that ADs are disallowable instruments as defined in the Acts Interpretation Act 1901. The issuance of these ADs is mandated by section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety.
Under the obligations set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements outlined by the State of Design. The State of Registry, which is the country where the aircraft is registered, also has the responsibility of ensuring the continuing airworthiness of the aircraft. This involves developing or adopting necessary requirements to maintain airworthiness standards.
Failure to comply with the provisions of an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil and criminal penalties. Specifically, the Act stipulates that any person who contravenes an AD is liable for a penalty. The maximum penalty for individuals can include fines and imprisonment, depending on the severity of the breach. For corporations, the penalties can be more substantial, reflecting the seriousness of endangering public safety by not adhering to airworthiness directives. These penalties are designed to ensure that all parties comply with the necessary safety standards to protect the public and maintain the integrity of air navigation systems.