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 D-2004-449 affecting Dornier 328 model aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 328/34, 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, Airframes 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 ensure the safety of air navigation and the continuing airworthiness of aircraft, in alignment with Australia's obligations under the Convention on International Civil Aviation. The Act provides the legislative framework for the issuance of airworthiness directives (ADs) to maintain safety standards, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowering the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument and therefore considered a legislative instrument under section 46A of the Acts Interpretation Act 1901. The process involves CASA, as the national airworthiness authority, assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international standards and local regulations. The German Federal Aviation Authority's issuance of AD D-2004-449 for Dornier 328 model aircraft led to CASA's issuance of Australian AD/DO 328/34, effective from 19 January 2006, demonstrating the collaborative approach between States of Design and States of Registry in maintaining airworthiness.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to all aspects of the continuing airworthiness of aircraft registered in Australia and mandates that airworthiness directives (ADs) be issued as necessary to ensure safety. The Act empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure compliance with safety standards, with these directives being legislative instruments under the Acts Interpretation Act 1901. The scope of this legislation is national, adhering to international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and the State of Registry. In the case of foreign ADs affecting aircraft on the Australian Register, CASA must evaluate and, if necessary, issue corresponding Australian ADs to ensure safety standards are maintained. Notably, this process does not involve public consultation or require a Regulatory Impact Statement, as it is driven by international obligations and the specific requirements of the State of Design. The application of these regulations is thorough and involves detailed assessment by CASA to ensure all aircraft in Australia meet the required safety standards.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework for the issuance of airworthiness directives (ADs). Under these provisions, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument (section 6 of the Legislative Instruments Act 2003) and a disallowable instrument under the Acts Interpretation Act 1901. ADs are critical for ensuring the continuing airworthiness of aircraft types, as they communicate necessary safety measures and maintenance requirements. Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. The State of Design, in this case Germany for the Dornier 328, must provide information to ensure the continuing airworthiness of an aircraft type, and the State of Registry, which in Australia is CASA, must then implement the requirements as an Australian AD.
The obligations imposed by these regulations on CASA include the assessment of any ADs issued by the State of Design, and the subsequent issuance of Australian ADs if deemed necessary. CASA must ensure that the requirements of the State of Design are effectively implemented in Australia to maintain safety standards. The State of Registry, through CASA, is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft registered in Australia. This involves monitoring and responding to ADs issued by the relevant State of Design and translating those into enforceable Australian ADs. Given the international nature of aviation, CASA must act in accordance with international obligations, such as those under the Convention on International Civil Aviation.
Non-compliance with ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, it is an offence to operate an aircraft in a manner that does not comply with an AD, which may result in civil penalties, including fines, and criminal penalties, including imprisonment. The exact penalties depend on the severity of the offence and the provisions of the Act, but they are designed to enforce strict compliance with airworthiness requirements to ensure the safety of air navigation. CASA has the authority to enforce these regulations and take appropriate action against any non-compliance.