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 CF-2008-05R1 affecting Bombardier DHC-8 series aeroplanes. Canada is the State of Design for this aeroplane series. CASA has amended the equivalent Australian AD to AD/DHC-8/141 Amendment 1 which will become effective on 3 July 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 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 regulate civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations that promote safety in air navigation. In accordance with section 98 of the Civil Aviation Act 1988 and 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 to ensure the continuing airworthiness of aircraft on the Australian Register. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. This legislative framework is integral to Australia's compliance with the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry collaborate to maintain the airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are essential for ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. Each AD, as noted in subregulation 39.001(5), qualifies as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. ADs serve as a critical means for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure compliance with these directives to uphold safety standards. For example, when Transport Canada issued AD CF-2008-05R1 concerning Bombardier DHC-8 series aeroplanes, CASA responded by amending the Australian equivalent to AD/DHC-8/141 Amendment 1, effective from 3 July 2008. This action reflects Australia's commitment to international aviation safety protocols and its obligations under the Convention on International Civil Aviation, without the need for public consultation due to the nature of ADs.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA). Specifically, section 98 of the Act allows for regulations to be made to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, thereby making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is mandated to ensure the continuing airworthiness of aircraft on the Australian Register. This responsibility is aligned with the principles outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the primary duty for the continuing airworthiness of an aircraft type. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an equivalent Australian AD to enforce the requirements stipulated by the State of Design. For instance, following the issuance of AD CF-2008-05R1 by Transport Canada concerning Bombardier DHC-8 series aeroplanes, CASA issued AD/DHC-8/141 Amendment 1 to address the same safety concerns in Australia.
The obligations imposed on the parties by this legislation are clear and direct. CASA, as Australia’s national airworthiness authority, must act promptly to evaluate and, where appropriate, issue corresponding ADs to maintain the safety standards of aircraft registered in Australia. Aircraft operators and owners are then required to comply with these ADs to ensure their aircraft remain airworthy. Failure to comply with an AD can result in serious safety risks and potential legal consequences.
There are significant penalties for non-compliance with ADs. Section 84A(2) of the Civil Aviation Act 1988 provides the legal basis for CASA to enforce ADs, and failure to comply with these directives can lead to enforcement actions. The specific penalties are not outlined in the text, but generally, they can include fines, suspension or revocation of aircraft certificates, and potential criminal charges for more severe infractions. The severity of the penalties reflects the critical importance of ensuring airworthiness to maintain public safety in the aviation sector.