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 1998-218 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 328/53, 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly development of civil aviation. The Act was introduced to address the need for a cohesive and robust legal structure to govern the complex and multifaceted aspects of civil aviation, including airworthiness, licensing, and safety standards. Enacted by the Commonwealth Parliament, the Act aims to uphold the highest standards of safety and efficiency in Australia's civil aviation sector, aligning with international obligations and best practices. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to maintain the continuing airworthiness of aircraft registered in Australia, as mandated by the Convention on International Civil Aviation. This ensures that Australian aviation practices are consistent with international standards and requirements, fostering safe and reliable air travel both domestically and internationally.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003, given their disallowable nature under section 46A of the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the overarching responsibility for ensuring the airworthiness of aircraft types and must share necessary information with the States of Registry. Consequently, when a State of Design, such as Germany, issues an AD for an aircraft type registered in Australia, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. The issuance of Australian AD/DO 328/53 for Dornier 328 model aircraft, in response to Germany's AD 1998-218, exemplifies this process. The ADs, being responses to international obligations and directives from the State of Design, are not subject to public consultation or the requirement of a Regulatory Impact Statement. Instead, they are crafted by CASA's Manager, Airframes, within the Manufacturing, Certification and New Technologies Office, under the authority conferred by subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (paragraph 2). The Governor-General has the power to make regulations in the interest of air navigation safety, and under section 98 of the Civil Aviation Act, CASA can issue these directives. The ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003 (subsection 6). These directives are essential for ensuring the continuing airworthiness of aircraft and aeronautical products, particularly in relation to the obligations of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties and entities it governs. Firstly, the State of Design, in this case Germany for the Dornier 328 model aircraft, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Additionally, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These requirements are intended to maintain the safety standards of aircraft operating within Australian airspace.
Failure to comply with the ADs may result in various civil and criminal consequences. Under section 139 of the Civil Aviation Act 1988, any person who contravenes a provision of an AD is liable to a penalty. The specific penalties may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are not explicitly stated in the text, but they are typically determined by the courts based on the nature and extent of the non-compliance. Furthermore, non-compliance with ADs may also result in the grounding of aircraft, which can have significant operational and financial implications for the operators and owners of the affected aircraft.