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-2008-149 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 228/14, which will become effective on 16 May 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, is designed to regulate civil aviation activities in Australia, ensuring safety and efficiency in the industry. One of its key provisions is the authority for the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as stipulated under the Civil Aviation Safety Regulations 1998. This Act addresses the need for a robust regulatory framework to manage the safety and airworthiness of aircraft operating within Australian airspace, aligning with international standards set by the Convention on International Civil Aviation. The policy objective of this legislation is to maintain high safety standards in civil aviation, ensuring the protection of lives and property both within Australia and in international flights departing from or arriving in Australian airspace.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, with the Civil Aviation Safety Authority (CASA) issuing airworthiness directives (ADs) under regulation 39.001 for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are pivotal in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Germany for the Dornier 228 model, holds responsibility for the airworthiness of a particular aircraft type, while the State of Registry, in this case Australia, must adopt or develop requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, acting on behalf of Australia, assesses foreign ADs and issues corresponding Australian ADs when necessary, such as the Australian AD/DO 228/14 in response to the German AD D-2008-149. These directives are implemented without public consultation due to their alignment with international obligations and are not subject to a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are made by authorised personnel within CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 (subsection 39.001). Specifically, regulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, categorising them as legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft types and aeronautical products. For instance, following the issuance of AD D-2008-149 by the German Federal Aviation Office (LBA) concerning the Dornier 228 model, CASA issued Australian AD/DO 228/14, which was effective from 16 May 2008.
The obligations imposed by these provisions necessitate that CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and determines if corresponding Australian ADs are required. This assessment process is guided by Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure continuing airworthiness. The State of Registry, in this case, Australia, must then either develop or adopt requirements to ensure the continuing airworthiness of the aircraft in question. CASA’s role includes evaluating the ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to enforce the required safety measures.
Failure to comply with the requirements set out in an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance may lead to the grounding of aircraft, thereby preventing them from operating until the required safety measures are implemented. Moreover, the Act provides for both civil and criminal penalties for violations. Civil penalties may include fines, and in more severe cases, criminal penalties can be imposed. For example, individuals or entities found in breach of an AD may face fines or imprisonment, with the maximum penalty varying based on the severity of the breach. These provisions are designed to ensure strict adherence to airworthiness standards and to maintain the high safety standards required in the aviation industry.