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 2003-383 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 328/35, 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 provide a legal framework for the regulation of civil aviation in Australia, primarily focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations for these purposes, as demonstrated by the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 of these regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby establishing a structured approach to addressing safety issues. The ADs are designed to be consistent with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates the dissemination of necessary information to the States of Registry, including Australia. This legislative framework ensures that CASA, as the national airworthiness authority, can effectively implement safety measures in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives, which are legislative instruments designed to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives based on the information provided by the State of Design, which is the country responsible for the design of the aircraft. The scope of these directives is national and pertains to any aircraft or aeronautical products registered in Australia that fall under the specific airworthiness directives issued by CASA. These directives are mandated by international agreements, such as Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. The Australian ADs are issued to align with the international standards and ensure compliance with the safety regulations. Exclusions or exemptions from these directives are not specified in the provided text, and the application of these regulations extends through subordinate instruments as necessary to maintain air safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are made pursuant to section 98 of the Civil Aviation Act 1988. According to subregulation 39.001(5), ADs fall within the purview of the Legislative Instruments Act 2003. The State of Design, such as Germany in the case of the Dornier 328 model aircraft, bears the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Therefore, when a State of Design, like Germany, issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
Entities governed by the Civil Aviation Safety Regulations 1998, such as CASA and the State of Registry, have specific obligations under the Act. CASA, as Australia's national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The State of Registry must ensure the continuing airworthiness of aircraft registered within its jurisdiction by implementing the requirements set out in Australian ADs. These obligations are critical in maintaining the safety standards and compliance with international conventions, particularly the Convention on International Civil Aviation. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing these directives to address safety concerns promptly.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are specific consequences for non-compliance with airworthiness directives. While the regulations do not explicitly outline civil or criminal penalties for breaches, the overarching framework of aviation safety laws implies that failure to adhere to ADs could result in serious safety violations. Such non-compliance might lead to enforcement actions by CASA, including potential revocation of airworthiness certificates or other regulatory sanctions. The seriousness of these consequences underscores the importance of adhering to ADs to ensure the continued safety and airworthiness of aircraft within Australia.