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-2005-08R1 affecting Bombardier DHC-8-400 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/109, which will become effective on 16 March 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 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, governs civil aviation safety in Australia and provides the authority for the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives (ADs). These directives are instrumental in maintaining the continuing airworthiness of aircraft, ensuring that aircraft meet safety standards and are fit to fly. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs. The policy objective behind these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to uphold Australia's commitment to international civil aviation conventions, ensuring the safety and uniformity of airworthiness practices across different jurisdictions.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft and aeronautical products, thereby extending to all relevant entities and industries within the aviation sector. The geographic reach of this legislation is national, with CASA acting as Australia's national airworthiness authority. The ADs serve to maintain the continuing airworthiness of aircraft, with the State of Design having primary responsibility for providing necessary information to the State of Registry, which includes Australia. Notably, this AD is a legislative instrument and is exempt from the need for public consultation and a Regulatory Impact Statement. CASA issues these directives in response to international obligations and assessments of airworthiness information provided by other states, ensuring compliance with international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. An AD is a legislative instrument that must be assessed and, if appropriate, adopted by CASA when issued by the State of Design, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act on CASA and other parties are substantial. CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide all necessary information to the State of Registry, which is responsible for ensuring the continuing airworthiness of individual aircraft within its jurisdiction. These obligations are grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide continuing airworthiness information and that the State of Registry must implement appropriate measures to maintain airworthiness.
There are no specific offences or penalties outlined in the provided text for the breach of an AD. However, the importance of compliance with ADs is underscored by their role in maintaining the safety of air navigation. Failure to comply with an AD could potentially result in legal consequences, including actions by CASA under the Civil Aviation Act 1988 or related regulations, which could encompass administrative, civil, or criminal penalties. The specific consequences would depend on the nature and severity of the non-compliance and the applicable laws and regulations.