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-2008-03 affecting Bombardier DHC-8 series aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/134, which will become effective on 31 January 2008.
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 Acting 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, enacted by the Australian Parliament, serves to ensure the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to establish regulations that promote the safety of air navigation, with specific focus on the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, established under this Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are essential for maintaining airworthiness standards, aligning with international obligations under the Convention on International Civil Aviation, particularly those pertaining to the State of Design and the State of Registry. The policy objective behind these regulations is to ensure that all aircraft operating in Australian airspace meet the necessary safety standards, thereby safeguarding the public and maintaining the integrity of the nation's aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these items in accordance with international standards and Australian obligations. The scope of these ADs extends to all aircraft registered in Australia, mandating compliance with the directives issued by CASA in response to airworthiness concerns identified by the State of Design. These directives are legislative instruments and are subject to disallowance, as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. While the ADs are based on international conventions, such as Annex 8 to the Convention on International Civil Aviation, and are typically issued in response to directives from the State of Design, they do not undergo public consultation or require a Regulatory Impact Statement. Instead, CASA issues these ADs to maintain the safety standards in alignment with international obligations, ensuring that all aircraft within Australia's jurisdiction meet the required airworthiness criteria.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the procedures and requirements for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in subregulation 39.001(5) of the Regulations and section 6 of the Legislative Instruments Act 2003. Essentially, ADs are mechanisms to maintain the airworthiness of aircraft, and they are a common form of continuing airworthiness information issued by states that are party to the Convention on International Civil Aviation.
The obligations under these provisions include the responsibility of the State of Design, which is the country where the aircraft is designed, to provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure that the aircraft remains airworthy. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. This is evident in the case of the Bombardier DHC-8 series aircraft, where Transport Canada, as the State of Design, issued AD CF-2008-03, which CASA assessed and subsequently issued as Australian AD/DHC-8/134.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in a range of civil and criminal penalties. Civil penalties can include fines, and in more serious cases, criminal penalties can be imposed, including imprisonment. The specific penalties depend on the severity of the breach and the discretion of the court. For instance, if an operator fails to comply with an AD concerning the maintenance of an aircraft, this could result in fines or imprisonment, reflecting the critical importance of adhering to airworthiness requirements to ensure the safety of air navigation.
The legislative framework thus imposes clear obligations on the State of Design and the State of Registry to ensure that ADs are issued and enforced appropriately. CASA, as the national airworthiness authority, has the responsibility to assess and enforce these directives, ensuring that aircraft registered in Australia meet the necessary safety standards. Non-compliance with ADs can have significant legal consequences, underscoring the importance of adherence to these regulations to maintain the high standards of safety in civil aviation.