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, the Civil Aviation Safety Authority (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-2001-23 affecting DHC-8-400 model aircraft. Canada is the State of Design for this aircraft model. CASA has assessed this AD and has issued Australian AD/DHC-8/152 which will become effective on
19 November 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 Initial Airworthiness in the Airworthiness and 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, provides the framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments under the Legislative Instruments Act 2003, serve as a crucial means to maintain the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. The Act facilitates the adoption of airworthiness directives issued by the State of Design, ensuring that CASA can mandate these directives for aircraft registered in Australia, thereby harmonising international safety standards and maintaining high safety benchmarks domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) concerning aircraft or aeronautical products. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives to ensure the continued airworthiness of aircraft registered in Australia. Such directives are considered legislative instruments and can be subject to disallowance under the Acts Interpretation Act 1901. The ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and requires the State of Registry to implement and enforce these directives. In the case of international ADs, CASA evaluates and, if necessary, issues corresponding Australian ADs to mandate the requirements. For example, following an airworthiness directive issued by Transport Canada for the DHC-8-400 model aircraft, CASA issued an Australian AD which will become effective on 19 November 2009. Given the international nature and the direct response to an international AD, there is no requirement for public consultation or a Regulatory Impact Statement for these directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulatory process is underpinned by the principle that the State of Design, in this case Canada for the DHC-8-400 model aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry, including Australia. Upon receiving an AD from the State of Design, CASA is obligated to assess the information and, if deemed appropriate, issue a corresponding Australian AD.
The obligations imposed by these regulations on CASA and the State of Registry include the responsibility to ensure the continuing airworthiness of aircraft on the Australian Register. This involves evaluating the ADs issued by the State of Design and determining whether an Australian AD is necessary. The State of Registry must develop or adopt requirements to maintain the airworthiness of aircraft and must implement the requirements set out in any relevant ADs. CASA's role as Australia's national airworthiness authority necessitates a thorough assessment of the ADs and the implementation of Australian ADs to ensure compliance with safety standards.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to civil penalties, including fines. The exact penalties are not specified in the text, but they are significant enough to ensure adherence to the airworthiness requirements. Furthermore, any operation of an aircraft in violation of an AD may result in criminal charges, leading to imprisonment and/or fines. The severity of these penalties underscores the importance of compliance with ADs to maintain the safety of air navigation.