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 97-239 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 328/51, 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, is designed to ensure the safety and efficiency of civil aviation in Australia. It provides the legal framework for the regulation of civil aviation activities and the certification of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further operationalise the Act by detailing specific safety requirements, including the issuance of airworthiness directives (ADs) to address safety concerns related to particular types of aircraft or aeronautical products. The Civil Aviation (Airworthiness Directives) Instrument 2006 (F2006L00422) is a legislative instrument issued under these regulations, reflecting Australia's commitment to international civil aviation standards and obligations under the Convention on International Civil Aviation. This particular AD was issued by the Civil Aviation Safety Authority (CASA) in response to an AD issued by the German Federal Aviation Office concerning the Dornier 328 model aircraft, and it mandates the requirements set out by the State of Design to ensure the continuing airworthiness of these aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs). Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve to ensure the continuing airworthiness of aircraft in accordance with international standards set forth by the International Civil Aviation Organization (ICAO) and are considered legislative instruments under the Legislative Instruments Act 2003. The Act applies to all entities involved in civil aviation within Australia, including aircraft manufacturers, operators, and maintenance providers. The geographic scope of the Act is national, as it pertains to all aircraft registered in Australia, regardless of their location or the location of the manufacturer. There are no specified exclusions or exemptions within the text, although the Act's application may be influenced by subordinate instruments and international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Specifically, section 98 of the Act allows for the creation of regulations in the interest of air navigation safety, while regulation 39.001 of the Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require the State of Design to maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry, including Australia. The State of Registry, in this case CASA, must then assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements for the aircraft registered in Australia. For example, the German LBA has issued AD 97-239 for the Dornier 328 model, and CASA has issued Australian AD/DO 328/51 in response. This process ensures that aircraft meet safety standards as mandated by international agreements.
The Act and Regulations impose specific duties on the parties involved. CASA must assess any ADs issued by the State of Design and, if appropriate, issue a corresponding Australian AD. The State of Registry must ensure that all aircraft registered within its jurisdiction comply with ADs, including any mandatory maintenance or modification requirements. Operators of aircraft must also comply with ADs by adhering to the specified safety standards and procedures.
Failure to comply with ADs can result in severe consequences. Under section 980 of the Civil Aviation Act 1988, non-compliance can be considered an offence. The Act allows for civil penalties, including fines of up to $1,650 for individuals and $8,250 for corporations, for each instance of non-compliance. In more serious cases, criminal penalties may apply, including fines of up to $262,500 for individuals and $1,312,500 for corporations, as well as potential imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.