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-2009-17 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-8/147, which will become effective on 2 July 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 was enacted to provide for the regulation of aviation safety in Australia, addressing the need for comprehensive and effective oversight of air navigation and aircraft operations. It empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review, as outlined in the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australian aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft.
In response to an AD issued by Transport Canada for Bombardier DHC-8 model aircraft, CASA has assessed and issued its own Australian AD/DHC-8/147, effective from 2 July 2009. This action underscores Australia’s commitment to international civil aviation standards and the responsibilities of the State of Registry to ensure aircraft airworthiness. Given the nature of ADs as continuing airworthiness information, and their basis in international obligations, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes & Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are a legislative instrument under the Legislative Instruments Act 2003 and serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, in line with obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the State of Design, which has the responsibility for the continuing airworthiness of an aircraft type. For instance, following an AD from Transport Canada concerning Bombardier DHC-8 model aircraft, CASA has issued an Australian AD to mandate the requirements set by Canada. This process does not require consultation with the Australian public or a Regulatory Impact Statement, as it is a direct response to international obligations and assessments conducted by CASA. The ADs apply to aircraft registered in Australia and are intended to ensure that these aircraft meet the necessary safety standards as determined by CASA.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. As per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, in this case, Canada for Bombardier DHC-8 model aircraft, holds the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure this airworthiness. The State of Registry, which is Australia in this context, must then develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, acting as Australia’s national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that all aircraft registered in Australia comply with the necessary safety standards.
Failure to comply with the airworthiness directives can result in serious legal consequences. Although the specific offences and penalties are not detailed in the provided text, breaches of civil aviation regulations typically involve substantial fines and potential criminal charges. The severity of penalties can vary depending on the nature and extent of the non-compliance, and may include both civil and criminal liabilities. Given the critical nature of air safety, any violations can lead to severe repercussions, emphasizing the importance of adherence to these directives.