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 2002-252 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 328/16, 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 Commonwealth Parliament, serves to regulate civil aviation safety and security in Australia. This Act provides the legal framework for ensuring the safety of air navigation, including the establishment of regulations for airworthiness directives (ADs). These ADs are critical instruments used to ensure that aircraft maintain their airworthiness throughout their operational life. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby mandating necessary safety measures. The policy objective underpinning these regulations is to uphold the highest safety standards in civil aviation, aligning with Australia's international obligations under the Convention on International Civil Aviation. Consequently, CASA issues Australian ADs in response to directives from the State of Design, ensuring compliance with international standards and the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with its primary aim being the safety of air navigation. This legislation empowers the Governor-General to make regulations that contribute to the safety of air navigation. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs when a State of Design issues an AD for an aircraft type registered in Australia. In the instance of the German LBA issuing AD 2002-252 for Dornier 328 series aircraft, CASA assessed this directive and issued Australian AD/DO 328/16, which is set to take effect on 19 January 2006. Given that this AD arises from Australia’s international obligations and is in response to an AD from the relevant State of Design, there was no consultation with the Australian public, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review. The AD was issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations for air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The State of Design, responsible for the initial design of the aircraft, holds the primary obligation to ensure the continuing airworthiness of the aircraft type, including providing necessary information to the States of Registry as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD, CASA, as the national airworthiness authority, evaluates the information and, if deemed appropriate, issues an Australian AD to enforce the requirements specified by the State of Design.
In the case of the German Luftfahrt-Bundesamt (LBA) issuing AD 2002-252 for Dornier 328 series aircraft, Germany acts as the State of Design. CASA has reviewed this AD and issued Australian AD/DO 328/16, which will take effect on 19 January 2006. Given the international obligations under the Convention on International Civil Aviation and the response to an AD from the relevant State of Design, no public consultation has been conducted for this AD. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set out in an AD can lead to significant legal consequences. Operators who fail to comply with an AD can face civil penalties, including fines and potential grounding of the aircraft. Furthermore, CASA can take enforcement actions against non-compliance, which may include legal proceedings, administrative penalties, or even criminal charges in severe cases. The maximum penalties for non-compliance can vary, but they are designed to ensure strict adherence to safety regulations to maintain the highest standards of air navigation safety.