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 2009-0062 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 228/16, which will become effective on 19 March 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, 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations in the interests of safety, with the Civil Aviation Safety Regulations 1998 further detailing procedures such as the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments under Australian law, issued to mandate requirements for maintaining the airworthiness of aircraft in response to international standards and practices, particularly those set forth by the International Civil Aviation Organization (ICAO). This approach ensures that Australia's aviation safety regulations align with global standards, particularly when responding to directives issued by the State of Design, as in the case of the European Aviation Safety Authority’s AD 2009-0062, which CASA has implemented as Australian AD/DO 228/16 for Dornier 228 model aircraft. The AD was issued without public consultation due to its basis in international obligations and the direct response to a State of Design directive, and it was determined not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised under the overarching framework of the Civil Aviation Act 1988, with the primary aim of ensuring the safety of air navigation. The scope of this legislation applies to all aircraft registered in Australia and to aeronautical products used on these aircraft, ensuring compliance with international standards set forth by the Convention on International Civil Aviation. The geographic reach of these regulations is national, extending across all states and territories of Australia. Additionally, the ADs issued by CASA are legislative instruments that adhere to the Legislative Instruments Act 2003. It is noteworthy that these directives do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their alignment with international obligations and safety mandates.
Key Provisions
The key provisions of the Civil Aviation (Airworthiness) Regulations 1998, particularly in relation to the issuance of airworthiness directives (ADs), are outlined under regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory mechanism is designed to maintain and ensure the continuing airworthiness of aircraft as mandated by the Civil Aviation Act 1988. Importantly, subregulation 39.001(5) stipulates that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which in this context is Germany for the Dornier 228 model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which in this case is Australia. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that the aircraft registered in Australia comply with international safety standards. CASA's role involves rigorous evaluation and the subsequent issuance of an AD to mandate compliance, thus ensuring that all aircraft types registered in Australia meet the required safety standards.
Failure to comply with the requirements outlined in an AD can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs, but non-compliance can lead to enforcement actions by CASA. Such actions might include grounding the aircraft, which can have severe operational and financial implications for the aircraft operator. Additionally, the safety breaches could potentially lead to criminal charges if they are deemed to have caused harm or endangered safety, resulting in fines or imprisonment. The severity of the penalties underscores the importance of adhering to the directives issued by CASA.
The AD process is streamlined to ensure that international obligations and safety standards are met without unnecessary delays. Given that ADs are typically issued in response to safety concerns identified by the State of Design and are aligned with the Convention on International Civil Aviation, there is no requirement for public consultation or the preparation of a Regulatory Impact Statement. This efficiency ensures that safety directives are communicated and implemented promptly, minimising any potential risks to aviation safety. The AD in question, AD/DO 228/16, was issued by CASA on 19 March 2009, in accordance with the statutory authority granted under subsection 84A(2) of the Act, ensuring that it aligns with both international standards and domestic regulatory requirements.