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 2002-001 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 328/37, 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 address the need for comprehensive regulation of civil aviation within Australia, ensuring the safety of air navigation and maintaining high standards in the industry. This Act empowers the Governor-General to create regulations that serve the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations include the provision for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft types and aeronautical products registered in Australia. The policy objective behind these provisions is to ensure that Australian civil aviation adheres to international standards and practices as set out by the Convention on International Civil Aviation, particularly concerning the responsibilities of States of Design and States of Registry.
The issuance of an airworthiness directive, such as the one addressed by the Civil Aviation (Airworthiness Directives) Determination 2005, is a legislative instrument under the authority granted by the Civil Aviation Act 1988. In this instance, CASA issued Australian AD/DO 328/37 in response to a directive from the German Luftfahrt-Bundesamt (LBA) regarding the Dornier 328 model aircraft, reflecting Australia's commitment to international cooperation in aviation safety. This directive was made without public consultation, as it is an obligation under international conventions and a response to a State of Design's directive, and was determined not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provides the regulatory framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. Each AD is a legislative instrument that can be disallowed under the Acts Interpretation Act 1901, and it operates in line with international standards set forth by the International Civil Aviation Organization (ICAO). The State of Design holds primary responsibility for the continuing airworthiness of aircraft types and must communicate necessary information to the State of Registry, which in Australia is CASA. Consequently, CASA evaluates any ADs issued by the State of Design and, if deemed appropriate, issues corresponding Australian ADs to enforce the required safety measures. For example, in response to the German LBA's AD 2002-001 concerning Dornier 328 aircraft, CASA issued Australian AD/DO 328/37, effective from 19 January 2006, without the need for public consultation as it aligns with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation, and one of the key instruments in this framework is the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act's purposes and in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the safety of the aircraft type to the relevant States of Registry. In turn, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. For instance, when the German Federal Aviation Office (LBA) issued AD 2002-001 affecting Dornier 328 model aircraft, CASA, as Australia’s national airworthiness authority, assessed this directive and issued Australian AD/DO 328/37, which became effective on 19 January 2006. This process ensures that Australian aircraft comply with international safety standards and requirements.
Failure to comply with ADs can result in severe consequences. Civil Aviation Safety Regulations 1998 impose obligations on aircraft owners and operators to adhere to ADs and to ensure that their aircraft remain airworthy. Non-compliance with these directives can result in enforcement actions by CASA, including the grounding of aircraft, fines, and other penalties. The regulations also provide for criminal sanctions for serious violations, including imprisonment. The maximum penalties for breaches of the ADs can vary, but they are designed to ensure that air safety is maintained and that any breaches are adequately deterred. It is essential that all parties governed by these regulations are aware of their obligations and take appropriate steps to comply with ADs to avoid any legal repercussions.