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 1999-030/3 affecting Dornier 228 model aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 228/3, which will become effective on 27 October 2005.
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, New Technologies and Systems, 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, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation. In furtherance of this objective, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design of an aircraft type has the primary responsibility for ensuring airworthiness, while the State of Registry is responsible for the individual aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, must assess and, where appropriate, issue Australian ADs in response to directives from the State of Design. The process for issuing such directives is designed to reflect Australia’s obligations under international aviation agreements, with the aim of maintaining high safety standards in civil aviation.
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) concerning specific types of aircraft or aeronautical products, thereby ensuring adherence to safety standards and maintaining airworthiness. This authority is exercised in line with the overarching mandate of the Civil Aviation Act 1988, which aims to safeguard air navigation. ADs, being legislative instruments as per the Legislative Instruments Act 2003, are instrumental in enforcing continuing airworthiness requirements as stipulated by the Convention on International Civil Aviation, particularly through Annex 8. The ADs are predominantly issued by the State of Design and adopted by the State of Registry, which, in the case of Australia, is CASA. For instance, in response to the German LBA's AD 1999-030/3 concerning the Dornier 228 model aircraft, CASA issued Australian AD/DO 228/3. This directive, which takes effect from 27 October 2005, underscores Australia's commitment to international civil aviation standards without necessitating public consultation or a Regulatory Impact Statement. The AD is issued under the authority of the Manager, New Technologies and Systems, within CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in section 98, allows the Governor-General to create regulations that serve the purposes of the Act and ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. As per subregulation 39.001(5), these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide any necessary information to ensure the continuing airworthiness of an aircraft type, as mandated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must evaluate the information provided by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft is maintained, and the safety of air navigation is upheld.
Failure to comply with the ADs issued by CASA may result in severe consequences, including potential civil or criminal penalties. The exact nature and extent of these penalties are not specified in the provided text, but it is understood that non-compliance with airworthiness directives can lead to serious legal ramifications. The Civil Aviation Safety Regulations 1998 may contain further details on the penalties for non-compliance, but they are not explicitly mentioned in the provided text.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 work together to ensure the safety of air navigation by enabling CASA to issue airworthiness directives in response to the obligations under the Convention on International Civil Aviation. The ADs issued by CASA must be adhered to, and failure to comply may result in severe civil or criminal penalties.