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-2006-09 affecting Bombardier DHC-8 aeroplanes. Canada is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DHC-8/121, which will become effective on 6 July 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 was enacted to ensure the safety and efficiency of civil aviation within Australia, and to align Australia's civil aviation regulations with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers the Governor-General to make regulations for the purposes of ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate requirements for the continuing airworthiness of aircraft, ensuring compliance with both national and international safety standards. The Act reflects Australia’s commitment to international obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to provide necessary information for continuing airworthiness, which must be assessed and, if appropriate, mandated by the State of Registry, in this case CASA.
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring that Australian aviation standards are upheld. The policy objective of these regulations is to maintain and enhance the safety of air navigation by ensuring that all aircraft meet the necessary airworthiness standards. The process for issuing ADs, as outlined in the explanatory statement, involves assessing information from the State of Design and, where necessary, issuing corresponding ADs to ensure compliance. This approach facilitates the coordination between different states and ensures that Australia’s aviation safety measures are in line with international practices and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products in accordance with section 98 of the Civil Aviation Act 1988. These directives are essential for ensuring the continuing airworthiness of aircraft registered in Australia and are mandated under international conventions such as Annex 8 to the Convention on International Civil Aviation. ADs are issued to address safety issues identified by the State of Design or other ICAO Contracting States, and CASA, as Australia’s national airworthiness authority, has the responsibility to assess and, where necessary, issue corresponding Australian ADs. The geographic reach of these regulations is national, applying to all aircraft and aeronautical products registered in Australia, and they extend to international obligations under ICAO conventions. ADs are legislative instruments under the Legislative Instruments Act 2003 and are not subject to public consultation or Regulatory Impact Statements, as they are issued in response to international obligations and specific safety concerns identified by the State of Design. The issuing of ADs by CASA is a formal process conducted by designated officers within the authority, ensuring that all directives align with the safety standards set forth by the Civil Aviation Act 1988 and international civil aviation agreements.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) under section 98 of the Act and regulation 39.001. These ADs are legislative instruments and are critical for maintaining the safety of air navigation. As per subregulation 39.001(5), ADs are disallowable instruments, as defined under section 46A of the Acts Interpretation Act 1901. Accordingly, these directives must comply with the requirements of the Legislative Instruments Act 2003.
The primary entities involved include the State of Design, which has the overarching responsibility for the continuing airworthiness of an aircraft type as stipulated in Annex 8 to the Convention on International Civil Aviation. This State is required to provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess and, if necessary, issue Australian ADs in response to directives from the State of Design.
The obligations under the Act and Regulations are stringent, requiring CASA to evaluate foreign ADs and issue corresponding Australian ADs if appropriate. This process is exemplified by the issuance of AD/DHC-8/121 in response to Transport Canada's AD CF-2006-09 affecting Bombardier DHC-8 aeroplanes. This AD became effective on 6 July 2006. Given the international obligations under the Convention on International Civil Aviation, there is no requirement for public consultation on these ADs, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
Failure to comply with the ADs can lead to significant legal consequences. While the specific offences and penalties for breaching an AD are not detailed in the provided text, general provisions under the Civil Aviation Act 1988 typically include both civil and criminal penalties. Civil penalties can include fines and other monetary sanctions, while criminal penalties might involve imprisonment, depending on the severity of the breach and the specific regulations involved. The maximum penalties can vary widely, reflecting the critical nature of airworthiness directives in ensuring aviation safety.