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 92-379 affecting Dornier Luftfahrt Gmbh 228-201 and 228-212 aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/9, 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 and regulate the safety standards in civil aviation within Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act provides the authority for the Governor-General to make regulations that contribute to these objectives. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework, including provisions for issuing airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet the required safety standards. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Safety Authority (CASA) is empowered to issue ADs under regulation 39.001 of these regulations, aligning with international standards set by the International Civil Aviation Organization (ICAO). The issuing of these directives is integral to fulfilling Australia's international obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft designed in or registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) which are instrumental in ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is Germany for the Dornier Luftfahrt Gmbh 228-201 and 228-212 aircraft, is responsible for providing necessary information to ensure the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must then assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This legislative process ensures that Australian aircraft meet international safety standards and reflects Australia's commitment to the safety of air navigation as outlined in the Convention on International Civil Aviation. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The State of Design, which is the country responsible for designing the aircraft, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must share necessary information with States of Registry to maintain this airworthiness. In the case of Australia, CASA, as the national airworthiness authority, is tasked with assessing the information provided by the State of Design and issuing corresponding Australian ADs to ensure compliance with international safety standards.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, such as aircraft operators and manufacturers, have specific obligations under these laws. Aircraft operators must ensure that their aircraft remain airworthy by complying with ADs issued by CASA. This includes adhering to any modifications, inspections, or operational limitations specified in the ADs. Manufacturers, on the other hand, are required to design aircraft in a manner that ensures compliance with safety standards and to provide any necessary information to CASA to facilitate the issuance of ADs. Furthermore, CASA must assess the information provided by the State of Design and issue corresponding Australian ADs if necessary, to mandate the requirements of the State of Design for aircraft registered in Australia.
Failure to comply with ADs can result in serious legal consequences. Under section 15 of the Civil Aviation Act 1988, any person who contravenes an AD is guilty of an offence. The maximum penalty for an individual is a fine of up to $21,000, while the maximum penalty for a body corporate is significantly higher, up to $1,050,000. In addition to criminal penalties, non-compliance with ADs can lead to civil consequences, such as the suspension or revocation of an aircraft’s certificate of airworthiness. Such actions can severely impact an operator's ability to conduct air transport services, making strict adherence to ADs a critical aspect of maintaining air safety.