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 European Aviation Safety Authority (EASA) has issued AD 2008-0009 affecting Dornier 328 model aircraft. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 328/70, which will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. In this context, the Act empowers the Governor-General to create regulations, including those that mandate airworthiness directives, to maintain safety standards. These directives are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are considered legislative instruments. The Act also acknowledges the role of the State of Registry in ensuring the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set by ICAO. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing international directives and issuing corresponding Australian directives when necessary, ensuring alignment with international obligations and safety standards.
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 specific types of aircraft or aeronautical products, ensuring the continuing safety of air navigation. The authority to issue these directives is grounded in the overarching responsibility of the State of Design to maintain airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is represented by CASA, is obligated to implement these directives to ensure compliance with international safety standards. The application of these regulations is national in scope, extending to all aircraft registered in Australia and mandating adherence to ADs issued by CASA in response to directives from the relevant State of Design. Exemptions or exclusions from these directives are not generally provided for in the legislation, ensuring a uniform application of safety standards across the industry. Furthermore, the legislative framework allows for the issuance of subordinate instruments to refine or extend the application of these directives, ensuring that they remain responsive to evolving safety concerns and technological advancements.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Governor-General and the Civil Aviation Safety Authority (CASA), respectively, to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives are issued for specific types of aircraft or aeronautical products and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Importantly, ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
The obligations imposed by these provisions require CASA to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the same requirements. For example, the European Aviation Safety Authority (EASA), acting on behalf of Germany as the State of Design for the Dornier 328 model aircraft, issued AD 2008-0009. CASA has assessed this directive and issued Australian AD/DO 328/70, which will become effective on 13 March 2008. This process ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The penalties for such an offence can include fines and, in severe cases, imprisonment. Specifically, under section 133 of the Act, a person who contravenes an AD can be fined up to 200 penalty units for an individual or 1,000 penalty units for a body corporate. Additionally, under section 134, a person who causes or permits an aircraft to be used in a manner that contravenes an AD may also face similar penalties. These provisions underscore the importance of adhering to airworthiness directives to maintain the high safety standards required in civil aviation.