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 94-042 affecting Dornier Luftfahrt Gmbh 228-100, 228-200, 228-101 and 228-201 aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/7, which will become effective on 13 April 2006.
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, Airframes, 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 was enacted to establish a regulatory framework for civil aviation safety in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations for the purposes of the Act, and section 98 specifically allows for the creation of regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments made under the authority of the Act. The objective of these regulations is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) issues these directives to mandate safety requirements for specific types of aircraft or aeronautical products, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations apply to any person or entity operating aircraft within Australia, ensuring that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. ADs are legislative instruments and serve as a crucial mechanism for ensuring the safety of air navigation. While the issuance of ADs typically responds to international obligations under the Convention on International Civil Aviation, they are subject to CASA's assessment and may be issued to enforce specific safety measures tailored to the Australian context. The ADs are not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and are issued by CASA in accordance with the legislative framework provided by the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The issuance of ADs is governed by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing any necessary information to ensure the type’s continued airworthiness to the appropriate States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD affecting an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
In this instance, the German Federal Aviation Office (LBA) has issued AD 94-042 for Dornier Luftfahrt Gmbh 228-100, 228-200, 228-101, and 228-201 aircraft. As Germany is the State of Design for these aircraft types, CASA has assessed the AD and issued Australian AD/DO 228/7, which will become effective on 13 April 2006. Due to Australia’s obligations under the Convention on International Civil Aviation and the response to an AD from the relevant State of Design, no public consultation has been undertaken on this AD, and the Office of Regulatory Review has determined that it does not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Non-compliance with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of ADs can result in civil penalties. For instance, section 91 of the Act allows CASA to issue infringement notices for breaches of ADs, with penalties that can vary depending on the severity of the breach. In more serious cases, CASA can prosecute individuals or entities in the Federal Court of Australia, where the penalties can be significantly higher, including fines and imprisonment. Additionally, the failure to comply with an AD can also lead to the grounding of an aircraft, which can have severe operational and safety implications.