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 1997-148/7 affecting Dornier 328 series aircraft. Germany is the State of Design for this series aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/6, 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, New Technologies and Systems, 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 Australian Parliament, governs civil aviation activities within the country, ensuring safety and efficiency in air navigation. One of the Act's key provisions allows the Governor-General to make regulations to maintain the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) and obligations under the Convention on International Civil Aviation. The AD in question, AD/DO 328/6, was issued by CASA in response to an airworthiness directive from the German State of Design, addressing the continuing airworthiness of Dornier 328 series aircraft. This directive reflects Australia's commitment to international aviation standards and its responsibility to ensure aircraft safety within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation and aligns with Australia’s obligations under the Convention on International Civil Aviation. ADs are legislative instruments that mandate the continuing airworthiness of aircraft and are typically issued in response to directives from the State of Design, which in the case of the Dornier 328 series aircraft is Germany. CASA, as Australia’s national airworthiness authority, evaluates these international ADs and, if necessary, issues corresponding Australian ADs to enforce the requirements domestically. This process ensures that aircraft registered in Australia comply with international safety standards, reflecting the global nature of aviation safety regulations. The ADs are issued without public consultation due to their technical nature and the reliance on international agreements, and they do not require a Regulatory Impact Statement according to the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. Moreover, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that ADs fall under the category of disallowable instruments.
In terms of obligations, the State of Design, which in this case is Germany for the Dornier 328 series aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type. This includes providing all necessary information to the States of Registry to maintain airworthiness. The State of Registry, which for Australian-registered aircraft is CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. CASA, as Australia's national airworthiness authority, has assessed the German AD 1997-148/7 and has subsequently issued Australian AD/DO 328/6, which will take effect from 19 January 2006.
The ADs are issued pursuant to Australia's obligations under the Convention on International Civil Aviation, and as a response to ADs issued by the relevant State of Design. Given the nature of these directives and their international context, no consultation of the Australian public has been required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, has issued the AD in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines and imprisonment. The specific penalties can vary depending on the nature and severity of the breach. For example, section 94 of the Act allows for penalties of up to $1.65 million for corporations and up to $330,000 for individuals, depending on the breach. Additionally, repeated or serious non-compliance could result in criminal charges, potentially leading to imprisonment for up to five years. Therefore, adherence to ADs is crucial to ensure the safety of air navigation and to avoid legal repercussions.