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-2008-06 affecting DHC-8-400 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/138, which will become effective on 22 February 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 was enacted to provide for the regulation of civil aviation within Australia, ensuring safety and efficiency in the industry. The Act grants the Governor-General the authority to make regulations, particularly in the interests of air navigation safety, as specified under section 98. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative framework aims to maintain the safety and airworthiness of aircraft registered in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to ensure continuing airworthiness. CASA, as the national airworthiness authority, assesses and mandates these directives as necessary, reflecting Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under these legislative frameworks, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are issued in accordance with the Convention on International Civil Aviation and are designed to maintain the continuing airworthiness of aircraft registered in Australia. The State of Registry, which in the case of Australia is CASA, is responsible for the airworthiness of individual aircraft and must implement any relevant ADs issued by the State of Design. For instance, following the issuance of an AD by Transport Canada for DHC-8-400 model aircraft, CASA assessed and issued its own AD, effective from 22 February 2008. The process of issuing these ADs does not involve public consultation or require a Regulatory Impact Statement, as they are directly linked to international obligations and specific safety concerns identified by the State of Design.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations placed on parties and entities governed by these provisions are significant. The State of Design, which is the country where the aircraft type was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the necessary requirements. For example, in the case of the DHC-8-400 model aircraft, CASA issued Australian AD/DHC-8/138 in response to an AD issued by Transport Canada.
Failure to comply with the provisions of these airworthiness directives can lead to various legal consequences. While specific offences and penalties are not detailed in the provided text, it is implied that non-compliance with ADs could result in significant civil or criminal liabilities. The serious nature of airworthiness directives suggests that penalties could include fines, operational restrictions, or other regulatory actions against the aircraft operator or the aircraft itself. The exact penalties would depend on the specific regulations and the severity of the non-compliance.
Overall, these provisions and obligations are designed to ensure that aircraft remain airworthy and safe, aligning with international standards and obligations under the Convention on International Civil Aviation. The issuance of ADs by CASA and the adherence to these directives by aircraft operators are critical to maintaining the high safety standards expected in the aviation industry.