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 Canadian Transport Canada has issued AD CF-2006-02 affecting Bombardier Inc 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, which will become effective on 13 April 2006.
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/New Technologies and Systems, 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 by the Commonwealth Parliament, establishes the framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 govern various aspects of airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are regulatory instruments designed to mandate specific actions to address safety concerns with aircraft or aeronautical products. As stated in the explanatory statement, the ADs are issued pursuant to Australia's obligations under the Convention on International Civil Aviation and in response to directives from the aircraft's State of Design, thus adhering to international standards for aircraft safety. Given the nature of these directives, the Office of Regulatory Review determined that they do not require public consultation or a Regulatory Impact Statement. The AD in question, issued by CASA, addresses a specific safety issue identified by Transport Canada for Bombardier Inc DHC-3 aircraft, reflecting Australia's commitment to maintaining the highest standards of aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments that serve to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued in response to similar directives by the State of Design, which holds primary responsibility for the airworthiness of an aircraft type. In the case of Bombardier Inc DHC-3 aircraft, the Canadian Transport Canada issued AD CF-2006-02, leading CASA to issue Australian AD/DHC-3/40, effective from 13 April 2006. Given the international nature of such directives and their alignment with international standards, no public consultation or Regulatory Impact Statement is required under the Legislative Instruments Act 2003. The AD was created by the Manager, Airframes/New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, provide the framework for the issuance of airworthiness directives (ADs). These ADs, as per regulation 39.001(5), are legislative instruments, and are crucial for ensuring the continuing airworthiness of aircraft types. Under section 46A of the Acts Interpretation Act 1901, and section 6 of the Legislative Instruments Act 2003, ADs are considered disallowable instruments. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of an individual aircraft. When a State of Design issues an AD, such as AD CF-2006-02 by Transport Canada for Bombardier Inc DHC-3 aircraft, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. In this case, CASA issued Australian AD/DHC-3/40, which will become effective on 13 April 2006.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily on CASA as the national airworthiness authority. CASA must assess any ADs issued by the State of Design and determine whether an Australian AD is necessary. This involves reviewing the AD to ensure it aligns with Australia's regulatory requirements and the safety standards set by ICAO. CASA's role is to ensure that all aircraft registered in Australia meet the necessary safety standards and comply with any ADs issued by the State of Design. Furthermore, CASA must communicate any Australian ADs to the relevant aircraft operators and ensure that they understand and comply with the mandated requirements.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaching an AD. However, non-compliance with an AD can lead to severe consequences under broader aviation safety regulations. If an aircraft operator fails to comply with an AD, it could result in the aircraft being grounded or denied entry into Australian airspace. This is because non-compliance with ADs is considered a violation of the airworthiness requirements, which can lead to enforcement actions by CASA. The potential penalties for such violations can include fines, suspension or revocation of an operator's certificate, or other regulatory sanctions. The exact penalties would depend on the severity of the non-compliance and the specific circumstances of the case.