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 1998-046 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 328/15, 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, seeks to ensure the safety of air navigation. This legislation provides the framework for the regulation of civil aviation in Australia, allowing the Governor-General to make regulations to enhance safety under section 98. The Civil Aviation Safety Regulations 1998 further detail these provisions, including the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products under regulation 39.001. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The overarching goal of these regulations is to ensure the continuing airworthiness of aircraft, aligning with Australia’s commitments under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework ensures that aircraft meet safety standards and maintain their airworthiness. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. As per the Convention on International Civil Aviation, the State of Design, in this case, Germany for the Dornier 328 series, has the responsibility to ensure the continuing airworthiness of aircraft types, with the State of Registry, represented by CASA in Australia, ensuring compliance with these standards domestically. CASA must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The issuance of Australian AD/DO 328/15 on 19 January 2006 exemplifies this process, reflecting Australia's commitment to international aviation safety standards without the need for public consultation or a Regulatory Impact Statement due to its compliance nature.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This framework is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations primarily fall on CASA as Australia’s national airworthiness authority. When a State of Design, such as Germany for the Dornier 328 series aircraft, issues an AD, CASA is mandated to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. The State of Registry of an individual aircraft, which is Australia in this case, is also responsible for ensuring the continuing airworthiness of aircraft, developing or adopting appropriate requirements as necessary.
In terms of compliance and enforcement, failure to adhere to ADs may result in significant legal and operational repercussions. While the specific offences, penalties, or civil/criminal consequences for breach of these ADs are not detailed in the provided text, it is implied that non-compliance could lead to enforcement actions by CASA. Such actions might include grounding of aircraft, fines, or other regulatory sanctions, reflecting the importance of adhering to airworthiness directives to maintain safety standards. The absence of consultation with the Australian public and the determination by the Office of Regulatory Review that ADs do not require a Regulatory Impact Statement underscores the regulatory nature of these directives.