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 2003-376 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 328/40, which will become effective on 16 March 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that align with the Act's objectives and promote aviation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft, as they mandate necessary safety measures and compliance with international standards. The Civil Aviation Act 1988 and its associated regulations are instrumental in fulfilling Australia’s obligations under the Convention on International Civil Aviation, ensuring that national airworthiness standards are consistent with international norms.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are integral to maintaining the safety and airworthiness of aircraft registered in Australia, aligning with Australia's commitments under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The scope of the ADs extends to all aircraft registered in Australia and any aeronautical products used in such aircraft, ensuring that safety standards are uniformly applied across the industry. While the ADs are issued in response to directives from the State of Design and are not subject to public consultation or a Regulatory Impact Statement, they are crucial for maintaining the continuing airworthiness of aircraft as mandated by the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, ensuring safety and compliance with international standards.
Under the Civil Aviation Act 1988, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure airworthiness to the relevant States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to enforce the necessary requirements.
An AD is a legislative instrument, as specified in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. For example, the German LBA issued AD 2003-376 concerning Dornier 328 model aircraft, with Germany being the State of Design. CASA assessed this AD and subsequently issued Australian AD/DO 328/40, effective from 16 March 2006. This action demonstrates Australia’s commitment to international airworthiness standards and ensures that Australian aircraft meet the required safety benchmarks.
Given that the AD is issued in response to an AD from the relevant State of Design and due to Australia’s obligations under the Convention on International Civil Aviation, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was 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.
Failure to comply with an AD can result in significant consequences. Offences under the Civil Aviation Act 1988 may lead to civil or criminal penalties. For instance, non-compliance with ADs can result in fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for such offences are stipulated in the Act and can vary significantly based on the nature and impact of the non-compliance. It is imperative for all stakeholders to adhere to these directives to ensure the highest standards of safety and compliance in civil aviation.