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-2006-02R1 affecting Viking Air Ltd DHC-3 aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-3/40, Amendment 1, which will become effective on 31 July 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legislative framework for ensuring the safety of air navigation within Australia. One of the key mechanisms through which the safety of aircraft is maintained is the issuance of airworthiness directives (ADs). These directives, which are regulatory instruments made under section 98 of the Act, address identified safety issues with specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue such ADs. The objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with Australia’s international obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they mandate specific safety requirements based on assessments by CASA, Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure compliance with relevant airworthiness requirements. In Australia, CASA, as the national airworthiness authority, must issue ADs to align with those issued by the State of Design, thereby ensuring that aircraft registered in Australia meet international safety standards as set forth in Annex 8 to the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 concerning the issuance of airworthiness directives (ADs) are found in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. The AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities governed by these provisions are multifaceted. The State of Design, in this case, Canada, has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type, which involves providing necessary information to States of Registry, such as Australia. The State of Registry, represented by CASA in Australia, must assess the ADs issued by the State of Design and, if appropriate, issue a corresponding Australian AD to mandate the requirements for aircraft on the Australian Register. This ensures that Australian-registered aircraft meet international safety standards.
Any failure to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. The Civil Aviation Act 1988 does not explicitly outline penalties for non-compliance with ADs; however, breaches of safety regulations generally can lead to severe civil and criminal penalties. For example, section 14 of the Act allows CASA to impose fines of up to $21,000 for minor breaches and up to $210,000 for serious breaches. Additionally, section 17 of the Act empowers CASA to take enforcement actions, including grounding aircraft or barring operators from conducting air services, to ensure compliance. These provisions underscore the critical nature of adhering to ADs in maintaining aviation safety standards.