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-2005-438 affecting Dornier model 228 aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 228/5, which will become effective on 19 December 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 Acting 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, addresses the need for comprehensive regulation of civil aviation in Australia to ensure safety and efficiency. This Act provides the framework for the issuance of regulations that govern various aspects of civil aviation, including airworthiness standards and safety protocols. In line with this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring adherence to international safety standards. The ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, in compliance with obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to uphold the highest standards of aviation safety and to align Australia's regulatory practices with international norms.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and fall under the purview of the Acts Interpretation Act 1901. They are essential for ensuring the continuing airworthiness of aircraft and are mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is responsible for the airworthiness of individual aircraft, including the implementation of ADs issued by the State of Design. In the case of ADs originating from other countries, such as the German LBA's AD D-2005-438 for Dornier model 228 aircraft, CASA assesses the information and issues corresponding Australian ADs, such as AD/DO 228/5, which reflect Australia's obligations under international conventions. Given their nature and the international context, these ADs do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This authority to issue ADs is reinforced by subregulation 39.001(5), which classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003.
These ADs are instrumental in maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, Germany, has a primary responsibility to provide necessary information to ensure the airworthiness of the aircraft type. Once such an AD is issued, CASA, as Australia's national airworthiness authority, must evaluate the information and, if appropriate, issue a corresponding Australian AD. This ensures that the airworthiness requirements are implemented in Australia in accordance with international standards and obligations.
The obligations imposed on the parties governed by the Act include adherence to the ADs issued by CASA. For instance, when CASA issues Australian AD/DO 228/5 in response to an AD from the German LBA, it becomes mandatory for operators of affected aircraft to comply with the specified requirements. This includes any maintenance, repair, or operational limitations outlined in the ADs to maintain the safety and airworthiness of the aircraft.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and potential prosecution. The exact penalties are determined by the severity of the breach and can vary, but they serve as a deterrent to non-compliance. Additionally, failure to adhere to ADs can also lead to criminal charges, particularly if the non-compliance results in a safety incident or accident. These legal consequences underscore the importance of adhering to ADs to ensure the safety of air navigation.