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 97-001 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 328/49, 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, aims to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for regulating various aspects of aviation, including airworthiness standards, licensing, and safety oversight. A significant component of the Act is its provision for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate safety measures to be taken on specific types of aircraft or aeronautical products. The policy objective behind these regulations is to maintain high safety standards in line with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for ensuring the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) issues these ADs to comply with Australia's international obligations and to mandate safety requirements as necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, provide the authority for the Civil Aviation Safety Agency (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring the ongoing airworthiness of these aircraft. This regulation is instrumental in implementing obligations under the Civil Aviation Act 1988 and aligns with international standards set forth by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments as defined under the Legislative Instruments Act 2003. The application of these directives is crucial for maintaining the safety of air navigation within Australia and is in line with international conventions, particularly Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. CASA, acting as Australia’s national airworthiness authority, is mandated to issue Australian ADs when necessary, ensuring compliance with international safety standards. The issuance of an AD, such as the Australian AD/DO 328/49 in response to a German AD affecting Dornier 328 aircraft, is a direct consequence of Australia’s obligations under the ICAO Convention and does not require public consultation or a Regulatory Impact Statement. The ADs are issued under the authority of the Act and in accordance with established regulatory processes within CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that enable the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, in this case, Germany for the Dornier 328 model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, is required to assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. The State of Registry, in this case, Australia, is also responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction.
Failure to comply with the ADs can lead to various legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines, and criminal penalties, which can include imprisonment, depending on the severity of the breach. The specific penalties for breaches are determined by the courts, taking into account the nature and extent of the violation.
The German Federal Bureau of Aircraft Accident Investigation (LBA) has issued AD 97-001 for the Dornier 328 model aircraft, with Germany acting as the State of Design. CASA has evaluated this directive and issued Australian AD/DO 328/49, which will take effect on 16 March 2006. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation with the Australian public has been required. Additionally, 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.