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 2007-0028 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, which will become effective on 19 February 2007.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 activities in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations, including those pertaining to airworthiness directives, for the safety of air navigation. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to mandate CASA's authority to issue airworthiness directives for specific types of aircraft or aeronautical products. This legislative framework aims to maintain high safety standards in line with international obligations, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. The issuing of airworthiness directives by CASA ensures compliance with these international standards and maintains the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, 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 that apply to the entities and individuals involved in the operation and maintenance of affected aircraft, ensuring compliance with safety standards. The scope of this legislation is broad, extending to all aircraft registered in Australia and subject to the continuing airworthiness oversight by the State of Registry. The application of these regulations is influenced by international obligations, particularly the Convention on International Civil Aviation, which mandates that States of Design and Registry cooperate to maintain airworthiness. Consequently, when an AD is issued by a State of Design, such as the European Aviation Safety Authority for a Dornier 228 model aircraft, CASA must assess and, if necessary, issue a corresponding Australian AD. This ensures that Australian aircraft meet the necessary safety requirements and aligns with international standards. The geographic reach of these regulations is nationwide, applying uniformly across all states and territories of Australia. However, certain exclusions and exemptions may apply based on specific circumstances or types of aircraft. The application of these regulations may also be extended or restricted through subordinate instruments, allowing for flexibility in addressing emerging safety concerns.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This process ensures that airworthiness directives are issued in compliance with international standards set by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
These regulations impose several obligations on parties involved in the operation and maintenance of aircraft. For instance, the State of Design must ensure the continuing airworthiness of aircraft types and communicate relevant information to States of Registry. The State of Registry must then develop or adopt requirements to maintain the airworthiness of registered aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing airworthiness directives issued by the State of Design and, when appropriate, issuing Australian ADs to mandate the requirements for aircraft registered in Australia. This process ensures that all aircraft in Australia meet the necessary safety standards set by international conventions.
Failure to comply with the requirements set out in airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, violations may result in both civil and criminal penalties. The Act provides for fines and imprisonment for those who fail to comply with ADs, with the specific penalties varying depending on the severity of the breach. For instance, non-compliance with an AD may result in a fine of up to $126,000 for individuals and $630,000 for corporations, along with potential imprisonment for up to five years. These penalties underscore the importance of adhering to airworthiness directives to ensure the safety and compliance of aircraft operations within Australia.