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.
The Transport Canada has issued AD CF-2009-05 affecting Bombardier DHC-8 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/145, which will become effective on 9 April 2009.
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, Airframes& Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, as seen in the Civil Aviation Safety Regulations 1998. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. The issuance of ADs is crucial for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is mandated to issue Australian ADs in response to directives from the State of Design, such as Transport Canada's AD CF-2009-05 for Bombardier DHC-8 model aircraft. The AD in question was issued under the authority of CASA, fulfilling Australia's international obligations and national safety standards without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, authorise the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, particularly for aircraft on the Australian Register. These ADs are legislative instruments that mandate the continuing airworthiness of specific types or models of aircraft, aligning with international standards under the Convention on International Civil Aviation. The Australian Civil Aviation Safety Authority (CASA), as the national airworthiness authority, is responsible for issuing these directives when required by the State of Design, which has the primary responsibility for the airworthiness of an aircraft type. In this context, CASA issued AD/DHC-8/145 in response to an AD issued by Transport Canada for Bombardier DHC-8 model aircraft, reflecting the collaborative approach to international aviation safety. This regulatory action underscores the importance of adhering to international conventions and agreements to maintain high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as critical tools for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions are primarily on CASA and the States of Design and Registry. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue ADs that align with those issued by the State of Design. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry. Meanwhile, the State of Registry, in this case Australia, must implement and enforce the ADs to ensure the safety of aircraft registered within its jurisdiction.
Failing to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can lead to imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Furthermore, operating an aircraft that does not comply with an AD can result in the aircraft being grounded, which has significant implications for both the operator and the safety of the flight.
The issuance of an AD does not typically involve public consultation because it is mandated by international obligations and is a response to directives from the State of Design. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, as they are considered essential for maintaining airworthiness and are issued in response to international obligations. The AD in question, AD/DHC-8/145, was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act, ensuring that it meets the necessary legal and regulatory standards.