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-2007-20 R2 affecting Bombardier DHC-8 aircraft. Canada is the State of Design for these aircraft. CASA has amended the equivalent Australian AD to AD/DHC-8/133 Amendment 2. The amended AD will become effective on 9 March 2009. This AD cancels and replaces the previous issue.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety and efficiency of civil aviation in Australia. The Act was introduced to address the need for a comprehensive legal framework governing civil aviation operations within the country, ensuring that air navigation safety, aircraft airworthiness, and the regulation of aviation personnel and facilities are adequately managed. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, further elaborate on the requirements for maintaining the safety of air navigation. The Australian Government, through the Civil Aviation Safety Authority (CASA), has the responsibility to issue airworthiness directives (ADs) that mandate specific requirements for the continuing airworthiness of aircraft. The policy objective behind these regulations is to harmonise with international standards and ensure that Australia meets its obligations under the Convention on International Civil Aviation, particularly concerning the sharing of airworthiness information among contracting states.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs to ensure the continuing airworthiness of aircraft and aeronautical products. The authority to issue these directives stems from the overarching responsibility of the State of Design for the airworthiness of aircraft types, and the corresponding duty of the State of Registry to implement and enforce these requirements within their jurisdiction. ADs are legislative instruments, subject to disallowance, and are typically issued in response to international obligations under the Convention on International Civil Aviation. While ADs are not subject to public consultation or a Regulatory Impact Statement, they play a crucial role in maintaining safety standards. For example, in response to a Canadian AD concerning Bombardier DHC-8 aircraft, CASA issued an equivalent Australian AD, which was amended and is now effective from 9 March 2009. This AD cancels and replaces its predecessor, reflecting CASA's commitment to ensuring the safety of Australian-registered aircraft in alignment with international standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as defined in section 46A of the Acts Interpretation Act 1901. ADs are crucial for maintaining the continuing airworthiness of aircraft types and are typically issued by the State of Design, with the State of Registry responsible for ensuring the individual aircraft’s airworthiness.
Under the obligations of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA must evaluate airworthiness directives issued by the State of Design, such as Transport Canada’s AD CF-2007-20 R2 for Bombardier DHC-8 aircraft. CASA is then required to issue a corresponding Australian AD if necessary, ensuring that the safety standards set by the State of Design are met within Australia’s aviation framework. This process underscores the importance of international cooperation and adherence to the Convention on International Civil Aviation. CASA’s role includes amending and updating the Australian AD to reflect the changes and requirements specified by the State of Design, as seen in the amendment of AD CF-2007-20 R2 to AD/DHC-8/133 Amendment 2.
Failure to comply with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can lead to civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but they may include fines, imprisonment, or both. For instance, operating an aircraft that does not meet the requirements of an AD could result in significant financial penalties and imprisonment for the operator. CASA has the authority to enforce compliance through various means, including inspections, audits, and legal action if necessary.
The process of issuing an AD by CASA does not involve public consultation due to the nature of these directives, which are based on international obligations and specific technical requirements. The Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement. This streamlined process ensures that safety directives are issued promptly without unnecessary delays. The AD is drafted by authorised personnel within CASA, such as the Manager, Systems and New Technologies in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act, ensuring that the directive is both technically sound and legally compliant.