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 Transport Canada has issued AD CF-2004-26R1 affecting Bombardier DHC-8 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/100, Amendment 2, which will become effective on 22 December 2005. 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 Manager, 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 Parliament of Australia, aims to ensure the safety of air navigation, and under its provisions, the Governor-General is empowered to make regulations to achieve these objectives. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. This legislative framework aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for continuing airworthiness, and the State of Registry must implement these directives to ensure safety. The recent issuance of Australian AD/DHC-8/100, Amendment 2, in response to a Transport Canada directive, underscores CASA's role in maintaining airworthiness standards in accordance with international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. According to regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. This authority extends to mandating the requirements of ADs issued by the State of Design, such as Transport Canada in the case of Bombardier DHC-8 model aircraft, to ensure compliance with international civil aviation standards. As a legislative instrument, an AD is subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Given Australia’s obligations under the Convention on International Civil Aviation, CASA must assess and, if necessary, issue Australian ADs to maintain the continuing airworthiness of aircraft on the Australian Register. This AD, issued in response to an AD from the State of Design, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the safety of air navigation. The ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are considered disallowable instruments, as per section 6 of the Legislative Instruments Act 2003. An example of this regulatory process is evident in the issuance of AD CF-2004-26R1 by Transport Canada for Bombardier DHC-8 model aircraft, which CASA has assessed and issued as Australian AD/DHC-8/100, Amendment 2.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on entities such as CASA and the State of Registry are significant. The State of Design, in this case, Canada for Bombardier DHC-8 model aircraft, has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is required to assess this information and, if necessary, issue corresponding ADs to mandate the requirements of the State of Design. Additionally, the State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations ensure that all parties adhere to international standards set forth by the Convention on International Civil Aviation, particularly Annex 8, which details the responsibilities of States in maintaining airworthiness.
The Civil Aviation Safety Regulations 1998 do not mandate public consultation for ADs issued in response to international obligations, such as those under the Convention on International Civil Aviation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, which means that the process for issuing these directives can be relatively streamlined. The issuance of ADs is governed by the authority of the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Civil Aviation Act 1988. This legal framework ensures that ADs are issued efficiently while maintaining stringent safety standards.
Failure to comply with ADs can lead to serious consequences, including potential civil or criminal penalties. While the specific penalties for non-compliance are not detailed in the provided text, it is implied that such breaches could result in enforcement actions by CASA. The seriousness of these consequences underscores the importance of adhering to airworthiness directives, which are designed to enhance safety and ensure the continuing airworthiness of aircraft.