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 US FAA has issued AD 2007-23-01 affecting Goodrich emergency egress slides fitted to Airbus A330 and A340 model aircraft. The USA is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/EMY/34, Amendment 1, which will become effective on 17 January 2008. 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, 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and effective system to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, provide that CASA may issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that require adherence to international standards set out in Annex 8 to the Convention on International Civil Aviation, ensuring the continuing airworthiness of aircraft. The policy objective is to maintain and enhance the safety of air navigation by enforcing compliance with these international standards and requirements.
Scope and Application
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. These directives are legislative instruments subject to disallowance and are made in accordance with Australia's obligations under international aviation conventions. The ADs are essential for maintaining the continuing airworthiness of aircraft as per the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation. For example, in response to an AD issued by the United States Federal Aviation Administration (FAA) regarding Goodrich emergency egress slides on Airbus A330 and A340 aircraft, CASA has issued AD/EMY/34, Amendment 1, effective from 17 January 2008. This action aligns with the requirement that the State of Registry must ensure the airworthiness of aircraft on the Australian Register. The process of issuing these ADs is direct and does not involve public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This regulation applies to aircraft operators, manufacturers, and maintenance organisations within Australia, ensuring compliance with both national and international safety standards.
Key Provisions
The main operative sections in this context are sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while section 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that ensure the continuing airworthiness of aircraft in accordance with international standards set by ICAO.
The obligations imposed by this legislation on the relevant parties include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. The State of Registry, in this case CASA, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that aircraft registered in Australia meet the necessary safety standards. Additionally, the legislation specifies that no consultation of the Australian public is required for ADs, as they are issued in response to international obligations and do not necessitate a Regulatory Impact Statement.
There are potential consequences for breaches of the requirements set out in these regulations. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is reasonable to infer that failure to adhere to airworthiness directives could result in severe civil or criminal consequences. These might include fines, suspension or revocation of airworthiness certificates, and other enforcement actions taken by CASA. Such measures are intended to ensure the safety and compliance of aircraft operating within Australia.
The text does not provide explicit details on the maximum penalties for breaches of ADs. However, given the importance of air safety, penalties could be significant, reflecting the seriousness of non-compliance with safety directives. These penalties aim to enforce adherence to airworthiness standards and maintain the high safety standards required in the aviation industry.