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 2009-0194 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 328/71, Amendment 1, which will become effective on 22 October 2009. This AD cancels and replaces the previous issue.
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, Initial Airworthiness in the Airworthiness and Engineering Branch, 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, focusing on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a specific focus on air navigation safety. One such regulation, established under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism is critical for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to uphold the highest standards of safety in air navigation, reflecting Australia's commitment to international civil aviation obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments as defined by the Legislative Instruments Act 2003. This Act applies to any person or entity involved in the operation, maintenance, or manufacture of aircraft registered in Australia, as well as to any aeronautical products that require certification or oversight by CASA. The jurisdiction of this legislation extends nationally and aligns with international standards set by the International Civil Aviation Organization (ICAO). The State of Registry, which in the context of Australia is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, in accordance with Annex 8 of the Convention on International Civil Aviation. While ADs are issued to maintain safety standards, they do not typically require public consultation or a Regulatory Impact Statement, as they respond to international obligations and directives issued by the State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under section 39.001(5) (subsection 39.001(5) of the Civil Aviation Safety Regulations 1998). These directives are legislative instruments that ensure the safety and continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. Consequently, when an AD is issued by a State of Design, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements of the originating State of Design.
The obligations imposed by this AD are primarily on CASA and the relevant State of Registry. CASA, as the national airworthiness authority, must review and validate the AD issued by the State of Design before issuing an Australian AD. The State of Registry is obligated to ensure the continuing airworthiness of the aircraft registered within its territory and to comply with the ADs issued by CASA. These directives mandate specific actions to be taken, such as maintenance, repairs, or modifications, to ensure that the aircraft remain airworthy. The ADs must be implemented within a specified timeframe to maintain compliance and ensure the safety of the aircraft.
Breaches of the requirements set forth in an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties. The maximum penalty for an individual is typically a fine not exceeding 10,000 penalty units, while for a corporation, the fine can be up to 50,000 penalty units. Additionally, ongoing non-compliance can lead to criminal charges, with potential imprisonment for up to five years for individuals and higher fines for corporations. Such penalties underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.