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 1997-189/2 affecting Dornier 328 model aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/61, which will become effective on 8 June 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 Commonwealth Parliament, governs the regulation of civil aviation in Australia with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislation addresses the need for a robust framework to maintain the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation. The policy objective is to ensure that aircraft operating in Australia meet the highest safety standards, thereby protecting the public and facilitating safe international air travel.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, with these directives being considered disallowable instruments under the Acts Interpretation Act 1901. Such directives are integral to the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for ensuring the airworthiness of an aircraft type and requiring States of Registry to implement necessary measures for maintaining airworthiness. When a State of Design issues an AD, CASA, acting as Australia's national airworthiness authority, must review and, if appropriate, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. This process ensures that Australian registered aircraft meet international safety standards, as demonstrated in the case of the German AD 1997-189/2 affecting Dornier 328 model aircraft, which CASA assessed and subsequently issued as Australian AD/DO 328/61, effective from 8 June 2006. Notably, because these directives are responses to international obligations and do not directly affect the Australian public, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg. 39.001). These directives are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 (reg. 39.001(5)). ADs play a crucial role in ensuring the continuing airworthiness of aircraft types, in line with Annex 8 of the Convention on International Civil Aviation. Under this international framework, the State of Design holds primary responsibility for the ongoing airworthiness of a specific aircraft type, while the State of Registry must implement and enforce the necessary requirements to maintain this airworthiness. In the case of the Dornier 328 model aircraft, Germany, as the State of Design, issued AD 1997-189/2, which CASA assessed and subsequently adopted as Australian AD/DO 328/61, effective from 8 June 2006.
Compliance with these ADs is mandatory for all relevant parties in Australia, including aircraft operators, manufacturers, and maintenance providers. Operators must follow the ADs to ensure their aircraft remain airworthy, and CASA has the authority to enforce these directives through inspections, audits, and potentially grounding non-compliant aircraft. Manufacturers and maintenance providers must adhere to the ADs when producing or servicing the specified aircraft types, ensuring that all safety measures and repair protocols are followed. Failure to comply with these directives can result in significant safety risks and legal consequences.
The breach of ADs can lead to severe penalties and consequences. Under the Civil Aviation Act 1988, CASA has the authority to impose fines and take enforcement actions against non-compliant entities. The maximum penalty for failing to comply with an AD can be substantial, both in terms of financial penalties and potential criminal charges for serious breaches that result in safety incidents. Additionally, operators and individuals found in violation of these directives may face suspension or revocation of their aviation licenses, further underscoring the importance of strict adherence to the mandated safety protocols.