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-2005-37 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-8/110, 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 Australian Parliament, addresses the regulation and safety of civil aviation in Australia. One of the key mechanisms through which the Act seeks to ensure the safety of air navigation is through the issuance of airworthiness directives (ADs), which are detailed in the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue these directives to maintain the continuing airworthiness of aircraft. These directives are made in response to international obligations and are a practical implementation of the responsibility of the State of Design to provide information necessary for maintaining airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. This legislative framework ensures that Australia complies with its international commitments while maintaining stringent safety standards for its aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as binding regulations aimed at ensuring the safety of air navigation and are issued in response to obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The State of Design, which holds responsibility for the continuing airworthiness of a particular aircraft type, issues ADs, and CASA, as Australia's national airworthiness authority, assesses and mandates these requirements through Australian ADs. This process ensures that aircraft registered in Australia meet international safety standards. The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, no public consultation is required for these ADs due to their international obligations basis, and they do not necessitate a Regulatory Impact Statement. The ADs are drafted by CASA officials, specifically the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, as stated in section 98. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901. An example of this is AD/DHC-8/110, which CASA issued for Bombardier DHC-8-400 model aircraft. This AD is a response to AD CF-2005-37 issued by Transport Canada, which is the State of Design for this aircraft type.
The obligations under this Act require the State of Design to provide necessary information to ensure the continuing airworthiness of a type of aircraft, while the State of Registry is responsible for the individual aircraft's airworthiness. In this case, CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if appropriate. The AD/DHC-8/110 is an Australian AD issued in response to the AD CF-2005-37 issued by Transport Canada, ensuring that Bombardier DHC-8-400 model aircraft meet the required safety standards in Australia.
Breaching the requirements set out in an airworthiness directive can result in various consequences, both civil and criminal. Failure to comply with an AD can lead to the grounding of the affected aircraft, which can have significant financial and operational consequences for the aircraft operator. In more severe cases, failure to comply with an AD may result in criminal charges, such as those under section 938 of the Criminal Code Act 1995, which carries a maximum penalty of five years imprisonment or a fine of up to $210,000. Additionally, aircraft operators who fail to comply with an AD may face civil penalties, such as fines or the suspension of their air operator's certificate, which can further impact their ability to operate aircraft in Australia.
It is important to note that ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement. This is because ADs are a common form of continuing airworthiness information, and their issuance is a standard practice among ICAO Contracting States. The AD/DHC-8/110 was 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.