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-2006-06 affecting Bombardier DHC-8 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/122, 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, enacted to ensure the safety of air navigation, allows the Governor-General to make regulations under section 98, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments and serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. The ADs are often issued in response to safety concerns identified by the State of Design and must be assessed and potentially adopted by CASA to ensure compliance with international standards. In the case of Transport Canada's AD CF-2006-06 for Bombardier DHC-8 aircraft, CASA has issued a corresponding Australian AD following the necessary assessments. The process for issuing such directives is streamlined to meet international obligations and safety standards, with no requirement for public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of these Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, ensuring that they meet the necessary safety standards. Such ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments pursuant to the Legislative Instruments Act 2003. These directives serve to maintain the continuing airworthiness of aircraft, a responsibility ultimately falling on the State of Registry, which in Australia is CASA. This legislative mechanism is part of Australia’s commitment to international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. The ADs issued by CASA in response to directives from States of Design, such as Transport Canada’s AD CF-2006-06 concerning Bombardier DHC-8 model aircraft, are mandatory and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are issued to ensure the continuing safety and airworthiness of aircraft, aligning with the requirements under Annex 8 to the Convention on International Civil Aviation. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. CASA has the responsibility to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act promptly when an AD is issued by a State of Design. CASA must evaluate the AD and, if appropriate, issue a corresponding Australian AD to enforce the necessary safety measures on aircraft registered in Australia. This process ensures that Australian aircraft meet the international standards set by the State of Design, thereby maintaining the safety and airworthiness of these aircraft. The State of Registry, in this case CASA, must also ensure that all relevant stakeholders are informed of the AD and the compliance requirements it entails.
Failure to comply with an airworthiness directive can result in severe civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to penalties, including fines and imprisonment. The specific penalties for breaches of ADs are not explicitly stated in the provided text, but it is clear that CASA can take enforcement actions against entities or individuals who do not adhere to the mandated safety requirements. The seriousness of these consequences underscores the importance of compliance with ADs in maintaining the safety and airworthiness of aircraft in Australia.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance and enforcement of airworthiness directives to ensure the safety of aircraft. CASA, as the national airworthiness authority, has the responsibility to assess and issue ADs in response to those issued by the State of Design. Compliance with these directives is mandatory, and failure to adhere to them can result in significant penalties. The process is designed to uphold international safety standards and protect the interests of all parties involved in civil aviation.