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 87-1 affecting Dornier Luftfahrt Gmbh 228-100, 228-101, 228-200 and 228-201 aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/8, 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. The Act provides the framework for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs serve as legislative instruments and are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing and issuing ADs based on evaluations of information provided by the States of Design. For instance, CASA issued Australian AD/DO 228/8 in response to a German airworthiness directive affecting certain Dornier aircraft models. This process is conducted in accordance with the legislative framework set out in the Act and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
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) for specified types of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. These ADs are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and further defined by the Legislative Instruments Act 2003. The application of these regulations is national, covering all aircraft registered in Australia, and they are issued in response to international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, is then responsible for ensuring the aircraft’s continuing airworthiness by issuing corresponding ADs when required. This process ensures compliance with international standards and facilitates the safe operation of aircraft within Australian airspace.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, lay out the framework for airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General can enact regulations to ensure the safety of air navigation. Regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and can be disallowed by Parliament under section 46A of the Acts Interpretation Act 1901.
The obligations placed on CASA and other entities under these regulations are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to other States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. Therefore, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft within Australia comply with international safety standards.
Failure to comply with ADs can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, leading to potential civil or criminal penalties. The exact penalties are not specified in the provided text, but generally, they can include fines and imprisonment for criminal offences, and fines for civil penalties. These measures are intended to enforce the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.