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 97-191/2 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 328/25, 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, provides the legal framework for civil aviation safety in Australia. This Act empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a legislative instrument under the Acts Interpretation Act 1901 and are crucial for maintaining the continuing airworthiness of aircraft. The policy objective of these regulations is to ensure that Australian aviation remains compliant with international standards set by the International Civil Aviation Organization (ICAO) and to protect public safety by addressing identified safety issues in aircraft design and operation. The issuance of ADs such as AD/DO 328/25 for the Dornier 328 series aircraft is an example of how CASA implements international safety standards domestically, reflecting Australia’s commitment to global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide the legal framework for the regulation of airworthiness in Australia. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, with the State of Registry, in this case CASA, responsible for ensuring compliance. The issuance of ADs such as AD/DO 328/25 for the Dornier 328 series aircraft is a direct consequence of Australia's international obligations under the Convention on International Civil Aviation, as well as the specific design responsibilities of the German LBA. This process involves CASA evaluating and, if necessary, adopting the ADs issued by the State of Design to ensure the safety and compliance of aircraft registered in Australia. The legislative process for such ADs does not require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and enforced. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that support the Act, particularly in ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the same regulations designates ADs as disallowable instruments, which means they can be annulled by a resolution of either House of Parliament, and they are also considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
These regulations and the subsequent issuance of ADs impose several obligations on the entities they govern. Primarily, the State of Design, which in this case is Germany for the Dornier 328 series aircraft, holds the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. This information must be communicated to the appropriate States of Registry, which are the countries where individual aircraft are registered. In Australia, CASA, as the national airworthiness authority, is tasked with assessing the ADs issued by the State of Design. If deemed appropriate, CASA issues Australian ADs to mandate the necessary requirements for maintaining airworthiness. The State of Registry, which for this directive is Australia, must then ensure that the ADs are implemented and followed to maintain the airworthiness of the aircraft.
Breaching the requirements set forth in an AD can result in serious consequences, both civil and criminal. Although the specific offences and penalties are not detailed in the provided text, it is common for non-compliance with ADs to result in penalties under aviation regulations. These can include fines, suspension or revocation of aircraft certificates, and other administrative sanctions. In more severe cases, particularly those involving safety breaches, the consequences can extend to criminal charges, which may include imprisonment for individuals found responsible for non-compliance. The exact penalties are typically outlined in the specific ADs and related regulations, but the overarching principle is that compliance is mandatory to ensure the safety of air navigation.