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 German LBA has issued AD D-2007-353 affecting Dornier 228 model aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/13, which will become effective on 14 February 2008.
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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation. This Act grants the Governor-General the authority to create regulations for air navigation safety, as seen in the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are critical legislative instruments designed to maintain the airworthiness of aircraft, ensuring they meet safety standards established by the Civil Aviation Safety Authority (CASA). The Act reflects Australia’s commitment to international standards as set forth in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. Consequently, when a State of Design issues an airworthiness directive, CASA must evaluate and, if necessary, issue corresponding directives to enforce those safety requirements within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These ADs are legislative instruments that become effective as per the stipulated dates and apply to aircraft and aeronautical products registered in Australia. The issuance of these directives is in line with the obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and requires the State of Registry to ensure the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. For instance, in response to Germany's State of Design issuing AD D-2007-353 for the Dornier 228 model aircraft, CASA has issued Australian AD/DO 228/13, which is set to become effective on 14 February 2008. Given the international nature and obligations under the Convention on International Civil Aviation, no public consultation has been conducted for this AD, and it has been determined that a Regulatory Impact Statement is not required.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument, as defined by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act and Regulations on the parties involved are multifaceted. The State of Design, such as Germany for the Dornier 228 model aircraft, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to relevant States of Registry. The State of Registry, in this case, Australia through CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that the aircraft type meets international safety standards and complies with Australian regulations. Furthermore, CASA must act in accordance with subsection 84A(2) of the Act when issuing these directives.
There are significant consequences for non-compliance with ADs. Failure to adhere to an AD can result in serious civil and criminal penalties. For example, an aircraft operator failing to comply with an AD may face fines and potential prosecution, with maximum penalties depending on the severity of the violation. Additionally, continued operation of a non-compliant aircraft could lead to grounding or other enforcement actions by CASA, impacting the safety and operational status of the aircraft. The legal and regulatory framework is designed to ensure that all stakeholders adhere to the mandated safety standards to prevent accidents and maintain the integrity of the aviation system.