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-2005-15R1 affecting Bombardier Inc.
DHC-8-400 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/102, 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, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia and to ensure the safety of air navigation. This Act provides the legal framework for the issuance of regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are managed by the Civil Aviation Safety Authority (CASA). These directives are integral to maintaining the continuing airworthiness of aircraft and are issued in accordance with international obligations under the Convention on International Civil Aviation. The authority to issue ADs ensures that CASA, as Australia’s national airworthiness authority, can effectively respond to safety concerns raised by the State of Design, such as the Transport Canada in the case of Bombardier Inc. DHC-8-400 model aircraft, thereby fulfilling Australia’s international commitments and ensuring the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by this instrument, apply to all aircraft registered in Australia and to aeronautical products used in civil aviation within Australia. This includes both domestic and international flights, as well as all entities involved in the design, manufacture, maintenance, and operation of such aircraft and products. These regulations mandate that Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, must issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products when required by the safety standards set forth under the Civil Aviation Act 1988. The ADs are legislative instruments and are issued in response to international obligations under the Convention on International Civil Aviation. This legislation does not require consultation with the Australian public or a Regulatory Impact Statement as it is directly tied to international obligations and safety standards. The ADs are issued by CASA in accordance with the legislative powers granted under the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. Section 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry, which must, in turn, ensure the continuing airworthiness of individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, is obligated to assess airworthiness directives issued by the State of Design for aircraft registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to enforce the State of Design’s requirements. This is particularly relevant when the State of Design, such as Transport Canada in the case of Bombardier Inc. DHC-8-400 model aircraft, issues an AD like CF-2005-15R1. CASA, after assessment, issues an Australian AD, such as AD/DHC-8/102, Amendment 1, effective from a specified date, in this case, 31 July 2008.
The obligations imposed on parties and entities governed by this legislation include ensuring compliance with the issued ADs. The State of Design must provide accurate and timely information about any safety issues or required modifications. The State of Registry, such as CASA, must evaluate this information and, if necessary, mandate compliance through Australian ADs. Operators of the affected aircraft must adhere to these directives to maintain the aircraft's airworthiness. Failure to comply with the ADs can lead to severe consequences, as non-compliance poses safety risks and breaches regulatory standards.
In terms of enforcement, any breach of the ADs may result in civil or criminal penalties. The Civil Aviation Act 1988 and associated regulations establish specific offences and penalties for non-compliance. For instance, failure to comply with an airworthiness directive can lead to significant fines and, in severe cases, criminal charges. The exact penalties are not specified in the provided text, but they generally align with the severity of the non-compliance and the potential risk to public safety. This underscores the critical importance of adhering to the ADs to maintain the safety and integrity of the aviation industry.