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 1998-105 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 328/13, 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in the use of airspace. This Act grants authority to the Governor-General to create regulations necessary for air navigation safety. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to uphold international standards of airworthiness as outlined in Annex 8 of the Convention on International Civil Aviation, ensuring that Australia meets its obligations as a State of Registry and Design. CASA issues these directives to mandate safety requirements derived from assessments of international ADs, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the regulatory framework for ensuring the safety of air navigation in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The issuance of ADs is necessitated by Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design and the State of Registry collaborate to maintain the continuing airworthiness of aircraft. Consequently, when the German Luftfahrt-Bundesamt (LBA) issues an AD affecting a type of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must evaluate the directive and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet international safety standards. Given that these directives are issued in response to international obligations and do not require public consultation, they do not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Specifically, subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to assess information from the State of Design, which has overall responsibility for the continuing airworthiness of an aircraft type. In this case, Germany, the State of Design for the Dornier 328 series aircraft, has issued AD 1998-105. CASA, as Australia’s national airworthiness authority, must then evaluate this information and, if deemed necessary, issue an Australian AD to ensure compliance with the requirements set by the State of Design. Furthermore, the State of Registry, in this instance Australia, is responsible for the continuing airworthiness of individual aircraft. Therefore, CASA must issue Australian AD/DO 328/13, which will become effective on 19 January 2006, to mandate the requirements of the State of Design.
Failure to comply with ADs can lead to significant consequences. Non-compliance with an AD can result in a breach of the Civil Aviation Safety Regulations 1998, which can lead to various penalties. For instance, if CASA finds that an aircraft does not comply with an AD, it may issue a Notice of Violation, and in severe cases, it can suspend or revoke the aircraft's certificate of airworthiness. Civil penalties for non-compliance can include fines of up to $10,500 for individuals and $52,500 for corporations, as outlined in section 18 of the Civil Aviation Act 1988. Additionally, criminal penalties can apply, including imprisonment for up to two years for individuals and fines of up to $105,000 for corporations, under section 19 of the same Act. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.