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 issued AD 2001-045/2, affecting Dornier DO 228 model aircraft, in 2001. Germany is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to remove reference to temporary revisions to the aircraft maintenance manuals, as the revisions have now been incorporated into the maintenance manual. The amended AD, AD/DO 228/6 Amendment 1, will become effective on 14 February 2008. This AD cancels and replaces the previous issue.
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 was enacted to provide for the regulation of civil aviation within Australia, with a strong emphasis on safety and international cooperation. This legislation enables the Governor-General to make regulations aimed at ensuring the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specific types of aircraft and aeronautical products. The policy objective of these directives is to maintain and ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for ensuring aircraft airworthiness. CASA, acting as Australia’s national airworthiness authority, assesses this information and issues corresponding Australian ADs to enforce the requirements established by the relevant State of Design. This legislative framework ensures that Australian aviation standards are consistent with international obligations, thereby enhancing overall aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) that pertain to aircraft and aeronautical products within Australia. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. They are issued by the Civil Aviation Safety Authority (CASA) to ensure compliance with safety standards and continuing airworthiness of aircraft registered in Australia. The authority to issue these directives stems from the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, with the State of Registry ensuring the aircraft’s operational safety. CASA must assess and, where necessary, issue Australian ADs that mandate the requirements from the State of Design, thereby aligning with international safety protocols. This process is exemplified by the amendment to the Australian AD for the Dornier DO 228 model aircraft, reflecting changes made by the German LBA, the State of Design, and the subsequent issuance of AD/DO 228/6 Amendment 1 by CASA. This directive does not require public consultation or a Regulatory Impact Statement, as it is directly tied to Australia’s obligations under the Convention on International Civil Aviation and is issued in response to an AD from the relevant State of Design.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate certain safety measures to ensure the continuing airworthiness of the aircraft (39.001(5)). The Civil Aviation Act 1988 provides the overarching authority for these regulations, enabling CASA to act in the interest of air navigation safety (section 98). Under this regulatory framework, CASA has issued an amended airworthiness directive, AD/DO 228/6 Amendment 1, which addresses the Dornier DO 228 model aircraft, aligning it with international standards and removing references to temporary revisions in the maintenance manuals.
The obligations imposed on the parties governed by these regulations include adherence to the airworthiness directives issued by CASA. For aircraft registered in Australia, the State of Registry (in this case, CASA) is responsible for ensuring that these directives are complied with, thereby maintaining the safety and airworthiness of the aircraft. The State of Design, in this instance Germany, is also obligated to provide necessary information to ensure the continuing airworthiness of the aircraft type. CASA must assess and, if appropriate, issue Australian ADs to mandate the requirements set forth by the State of Design.
Failure to comply with an airworthiness directive can lead to serious consequences. Civil aviation law imposes stringent safety standards, and non-compliance can result in both civil and criminal penalties. For instance, non-compliance with ADs can lead to aircraft being grounded, which could result in significant financial losses for operators. Additionally, under the Civil Aviation Act 1988, serious breaches can attract criminal penalties, including fines and imprisonment. The exact penalties can vary depending on the severity and impact of the non-compliance, but they are designed to ensure that all stakeholders prioritise safety and regulatory compliance. The potential civil and criminal consequences underscore the importance of adhering to the airworthiness directives issued by CASA.