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-2007-30R1 affecting Bombardier Inc DHC 8 series aeroplanes. Canada is the State of Design for these aeroplanes. As a result CASA has amended the equivalent Australian AD to AD/DHC-8/140 Amendment 1 which will become effective on 28 August 2008. 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, New Technologies and Systems, 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 Commonwealth Parliament, establishes the legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in maintaining the continuing airworthiness of aircraft, in line with international standards set forth in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to implement the requirements outlined by the State of Design, thereby ensuring compliance with international obligations and safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products as stipulated in regulation 39.001. These ADs are considered legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is required to assess this information and, if appropriate, issue corresponding Australian ADs to ensure compliance. The issuance of ADs is a critical component of maintaining international standards and ensuring that aircraft on the Australian Register meet necessary safety requirements. Given the international nature of aviation and the obligations under the Convention on International Civil Aviation, these directives do not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to section 39.001(5) of the Regulations. These ADs serve as legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs are instrumental in ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the airworthiness of a type of aircraft. The State of Registry, which in Australia is CASA, must then assess this information and issue an Australian AD to enforce the requirements of the State of Design.
Obligations under these provisions require CASA, as the national airworthiness authority, to closely monitor and respond to ADs issued by the States of Design. Specifically, when a State of Design issues an AD, CASA must review the information and, if necessary, issue a corresponding Australian AD to ensure compliance with international safety standards. This process underscores the responsibility of the State of Registry to develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within their jurisdiction. These obligations also extend to the assessment and implementation of ADs issued by other countries, particularly those affecting aircraft types registered in Australia.
Failure to comply with the requirements of an AD can result in significant legal consequences. Civil penalties can be imposed for non-compliance with ADs, with the maximum penalty set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Criminal penalties may also apply, particularly if the non-compliance leads to a serious aviation incident or accident. The severity of these penalties reflects the critical importance of adhering to airworthiness directives to maintain the safety of air navigation. CASA's role in enforcing these directives is thus essential to uphold the high standards of aviation safety in Australia.