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.
Transport Canada has issued AD CF-2002-13R2 affecting Bombardier DHC-8 aircraft. Canada is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DHC-8/119, which will become effective on 11 May 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, 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 to establish a framework for the regulation of civil aviation in Australia, provides the authority for the creation and enforcement of airworthiness directives (ADs) as stipulated in section 98. These regulations, which are aimed at ensuring the safety of air navigation, empower the Civil Aviation Safety Authority (CASA) to issue ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This authority extends to mandating the continuing airworthiness of aircraft types registered in Australia. The ADs, being legislative instruments, are subject to disallowance and the scrutiny outlined in the Legislative Instruments Act 2003. CASA, as Australia's national airworthiness authority, is tasked with assessing international ADs and issuing corresponding Australian ADs where necessary to meet obligations under the Convention on International Civil Aviation. The AD issued in response to Transport Canada's AD CF-2002-13R2 for Bombardier DHC-8 aircraft, which became effective on 11 May 2006, exemplifies this process. Given that these ADs are a direct response to international obligations and the assessments of the State of Design, there was no requirement for public consultation, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review.
Scope and Application
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, as permitted by section 98 of the Civil Aviation Act 1988. These directives are instrumental in maintaining the safety and airworthiness of aircraft, with CASA mandated to evaluate information provided by the State of Design and, where necessary, issue corresponding Australian ADs. This process ensures compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, such as Australia in this context, must implement requisite measures to uphold these standards. The issuance of ADs such as AD/DHC-8/119 is a direct response to international obligations and specific design-related safety issues identified by the State of Design, in this instance Transport Canada for Bombardier DHC-8 aircraft. Given the nature of these directives and their alignment with international agreements, no public consultation is required, and the Office of Regulatory Review has deemed them exempt from the need for a Regulatory Impact Statement. The Manager, New Technologies and Systems, within CASA, has issued this directive under the authority vested by the Act.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly section 98 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA to assess and, if necessary, issue ADs in response to directives from the State of Design, which holds the responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must ensure the continuing airworthiness of individual aircraft registered in Australia. This entails reviewing the AD issued by the State of Design, such as Transport Canada’s AD CF-2002-13R2 for Bombardier DHC-8 aircraft, and issuing an Australian AD, like AD/DHC-8/119, to enforce the necessary requirements.
Failure to comply with an AD can lead to serious consequences. Under section 84A(2) of the Act, CASA has the authority to issue these directives to maintain safety standards. While the process for issuing ADs does not typically involve public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, non-compliance with an AD can result in severe penalties. These can include civil penalties for failure to adhere to ADs, which can vary depending on the severity of the breach, and in extreme cases, criminal penalties for gross negligence or willful disregard of safety regulations.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate CASA to issue ADs to ensure the safety and airworthiness of aircraft registered in Australia. These directives are issued in response to international standards and the requirements of the aircraft’s State of Design. Non-compliance with ADs can lead to civil and criminal penalties, enforcing the critical importance of adhering to these safety regulations.