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 French DGAC has issued AD F-2005-177 affecting Reims Aviation Industries F406 aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F406/15, which will become effective on 22 December 2005.
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 Parliament of Australia, was introduced to provide a regulatory framework for civil aviation in Australia, focusing on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs are critical tools for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a pivotal role in this framework by assessing international ADs and issuing corresponding Australian ADs when necessary, ensuring compliance with both national and international aviation safety standards. The legislative process for ADs, as outlined in the Act and Regulations, involves CASA assessing foreign ADs and issuing Australian ADs without the need for public consultation, as these directives are directly related to international obligations and do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 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 formulated to ensure the safety of air navigation and are legally binding under section 98 of the Civil Aviation Act 1988. This regulatory framework applies to all entities involved in the design, manufacture, and operation of aircraft within Australia, and it extends to any aircraft registered in Australia, regardless of the aircraft's location. The ADs serve as a mechanism for implementing international standards and practices as set out by the Convention on International Civil Aviation, specifically under Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning airworthiness. These regulations do not require public consultation as they are mandated by international conventions and are a response to directives from the State of Design. The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they do not necessitate a Regulatory Impact Statement as determined by the Office of Regulatory Review. The issuing authority for these directives is the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, acting in accordance with the provisions outlined in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This provision is authorised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. Furthermore, subregulation 39.001(5) confirms that an AD is a disallowable instrument, thus classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The AD F-2005-177 issued by the French DGAC concerning Reims Aviation Industries F406 aircraft is an example of such a directive, reflecting the State of Design’s responsibility under Annex 8 of the Convention on International Civil Aviation.
These ADs impose significant obligations on the parties involved. For example, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for implementing these requirements. In this case, CASA, acting as Australia’s national airworthiness authority, must assess any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements on aircraft registered in Australia. This ensures that Australian aircraft comply with international safety standards and maintain their airworthiness.
Failing to comply with an AD can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce these directives, and non-compliance can lead to civil or criminal penalties. While the specific penalties are not detailed in the provided text, the Act allows for enforcement actions against individuals or entities that do not adhere to the mandated airworthiness requirements. The potential penalties can include fines or other sanctions, underscoring the importance of compliance with ADs to ensure aviation safety.