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 European Aviation Safety Authority (EASA) has issued AD 2000-0085 affecting Dornier 228 model aircraft. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/10, Amendment 1, which will become effective on 4 June 2009. 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, 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 civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for these purposes, which are intended to safeguard the interests of the public and maintain the integrity of the aviation industry. One such regulation is found in the Civil Aviation Safety Regulations 1998, where the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft and aeronautical products. This authority is exercised under the oversight of the Minister for Infrastructure and Transport and aligns with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft and aeronautical products in Australian airspace meet stringent safety standards, thereby protecting passengers, crew, and the general public.
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) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and are essential for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly through Annex 8. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, which in Australia's case is CASA. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and may issue corresponding Australian ADs to mandate those requirements. For instance, in response to the European Aviation Safety Authority's AD 2000-0085 for Dornier 228 model aircraft, CASA issued Australian AD/DO 228/10, Amendment 1. This AD, issued in accordance with the Civil Aviation Act 1988, ensures compliance with international obligations and will become effective on 4 June 2009. Given the nature of ADs and their alignment with international obligations, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). 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 enables the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and as such, it is a legislative instrument. The ADs are a crucial component of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States.
The obligations and requirements imposed by the Act and the Regulations focus on ensuring the continuing airworthiness of aircraft. The State of Design, such as Germany for the Dornier 228 model aircraft, has the responsibility to provide necessary information for the continuing airworthiness of the aircraft type. The State of Registry, which is Australia in this case, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs as necessary. The process for issuing Australian ADs involves assessing the information from the relevant State of Design and issuing a directive that mandates the requirements for the Australian registered aircraft.
There are specific consequences for breaching the requirements set out by the ADs. Failure to comply with an AD can result in severe penalties. Under section 98 of the Civil Aviation Act 1988, the Governor-General may impose fines and other penalties for breaches of the regulations. Additionally, CASA can take enforcement actions against aircraft operators or owners who fail to comply with ADs. The severity of the penalties depends on the nature and extent of the non-compliance, but they can include significant fines and potential grounding of the affected aircraft until compliance is achieved.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and enforcement of airworthiness directives to ensure the safety and continuing airworthiness of aircraft. CASA, as the national airworthiness authority, plays a pivotal role in assessing and implementing these directives, in line with international obligations and standards. Non-compliance with ADs can lead to significant penalties and enforcement actions, reinforcing the critical importance of adhering to these safety requirements.