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 1998-289/2 affecting Dornier 328 series aircraft. Germany is the State of Design for this series aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/11, which will become effective on 19 January 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, 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 Australian Parliament, was designed to establish a regulatory framework for ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, including those pertaining to the safety of air navigation, as specified under section 98. Complementing the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In alignment with international obligations under the Convention on International Civil Aviation, particularly Annex 8, the State of Design holds the responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry, such as Australia, to ensure compliance with airworthiness standards. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. This legislative framework ensures that Australian civil aviation adheres to international safety standards and maintains the integrity of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, which in this context is Australia, holds the responsibility for ensuring the ongoing airworthiness of individual aircraft, developing or adopting necessary requirements to meet these standards. When a State of Design, such as Germany for the Dornier 328 series, issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements on Australian-registered aircraft. This regulatory process underscores the importance of international cooperation in maintaining aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. Section 98 of the Act allows the Governor-General to make such regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 explicitly grants CASA the authority to issue ADs. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998. The ADs are vital for maintaining the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation.
The obligations under the Civil Aviation Act and the Civil Aviation Safety Regulations impose several responsibilities on the parties involved. The State of Design, such as Germany for the Dornier 328 series aircraft, has the primary duty to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate the information from the State of Design and, if deemed appropriate, issue a corresponding Australian AD. This ensures that the Australian aircraft fleet complies with international safety standards and requirements. Additionally, the State of Registry, in this case, Australia, must establish or adopt requirements that guarantee the continuing airworthiness of the aircraft on its register.
Failing to comply with the provisions of an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to penalties, including fines and imprisonment. The specific penalties for breaches are not detailed within the provided text, but they generally encompass significant financial penalties and potential custodial sentences for individuals found guilty of violating ADs. Moreover, failure to adhere to ADs can also result in the grounding of non-compliant aircraft, which can have substantial operational and financial implications for operators and owners.
Additionally, the issuance of ADs under this legislative framework does not require public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This is primarily due to the international obligations and the urgency often associated with safety-related directives. The AD in question, AD/DO 328/11, was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the AD is issued in a timely and effective manner, prioritising the safety and airworthiness of aircraft within the Australian aviation industry.