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 issued AD CF-2007-11 affecting Bombardier DHC-8 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/132, which will become effective on 25 October 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This legislation authorises the Governor-General to make regulations necessary for the safety of air navigation, delegating specific powers to the Civil Aviation Safety Authority (CASA). Under the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. This arrangement ensures that Australia meets its international obligations and maintains high safety standards within its jurisdiction, without the need for public consultation or a Regulatory Impact Statement due to the nature of the ADs as continuing airworthiness information.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, thus facilitating the continuous airworthiness of aircraft registered in Australia. These ADs are legislative instruments, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are issued in accordance with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Canada for Bombardier DHC-8 model aircraft, has the primary responsibility for ensuring the continuing airworthiness of aircraft types, and when such a State issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are made by authorised personnel within CASA, in line with the legislative framework provided by the Civil Aviation Act 1988 and related regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline specific provisions regarding the issuance of airworthiness directives (ADs). 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 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and therefore, a legislative instrument under the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft was designed, bears the responsibility for ensuring the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry, which are the countries where the aircraft are registered. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. For example, following an AD issued by Transport Canada (the State of Design) for Bombardier DHC-8 model aircraft, CASA issued Australian AD/DHC-8/132, which became effective on 25 October 2007.
The Act imposes certain obligations on the parties involved. The State of Design must ensure the continuing airworthiness of the aircraft type and provide relevant information to States of Registry. CASA, as the national airworthiness authority, is tasked with assessing the airworthiness information from the State of Design and issuing corresponding ADs if necessary. Aircraft owners and operators must comply with these ADs to maintain the airworthiness of their aircraft.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, violations of ADs can lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties can be imposed, which may involve imprisonment. The specific penalties can vary depending on the nature and severity of the breach, but they are intended to ensure compliance with airworthiness standards to maintain the safety of air navigation.