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 2007-16-01 affecting Enstrom F-28, 280, 480 and TH‑28 model helicopters. The USA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ENST 28/39, which will become effective on 15 August 2007.
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 activities in Australia, ensuring the safety and efficiency of air navigation. One of its significant provisions is the issuance of airworthiness directives (ADs) under section 98, which allows the Governor-General to make regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the process, with regulation 39.001 empowering the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The Act aims to uphold international standards set by the Convention on International Civil Aviation, ensuring that Australia's approach to airworthiness aligns with global practices. The Civil Aviation Safety Regulations 1998 mandate that CASA must assess and, if necessary, issue Australian ADs in response to directives from the State of Design, maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, which stem from the Civil Aviation Act 1988, establish the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These regulations empower CASA to mandate the necessary requirements for the continuing airworthiness of aircraft registered in Australia, ensuring compliance with both national and international aviation safety standards. The application of these directives extends to all aircraft types registered within Australia, as well as to the aeronautical products used within these aircraft. While the primary focus is on the safety of air navigation, the geographic scope of these regulations is effectively national, aligning with Australia's commitments under the Convention on International Civil Aviation. The authority to issue ADs is underpinned by Annex 8 of the Convention, which delineates the responsibilities of the State of Design and the State of Registry concerning aircraft airworthiness. In practice, CASA, as the national airworthiness authority, must respond to ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA), by assessing the relevant information and, where necessary, issuing corresponding Australian ADs. Notably, certain ADs do not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their technical nature and the imperative to maintain consistent international safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products (Regulation 39.001). These ADs, under subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by the relevant parties.
In terms of obligations, the State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This entails providing any necessary information to ensure the ongoing airworthiness of the aircraft type to the relevant States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft in accordance with Annex 8. When the State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can result in serious consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The exact penalties for non-compliance are not specified in the provided text, but it is clear that CASA takes airworthiness directives very seriously and would take appropriate action against any violations. Additionally, the non-compliance with ADs can lead to civil consequences, such as fines, suspension, or revocation of aircraft certificates of airworthiness, which can have significant financial and operational impacts on the affected parties.