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 EASA has issued AD 2006-0134 affecting Reims Aviation Industries F406 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F406/16, which will become effective on 3 August 2006.
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 Australian Parliament, was introduced to ensure the safety of air navigation in Australia. This Act grants the Governor-General the authority to make regulations in the interests of aviation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Acts Interpretation Act 1901, serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. In response to an AD issued by the European Aviation Safety Agency (EASA) for the Reims Aviation Industries F406 model aircraft, CASA has issued its own AD, AD/F406/16, effective from 3 August 2006. This action underscores CASA's role as the national airworthiness authority and its responsibility to enforce airworthiness requirements as mandated by the Civil Aviation Act 1988.
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 a legislative instrument under the Legislative Instruments Act 2003 and are made in the interests of air navigation safety as per the Civil Aviation Act 1988. The ADs are primarily issued in response to obligations under the Convention on International Civil Aviation, with the State of Registry, such as CASA for Australia, ensuring the continuing airworthiness of registered aircraft. When a State of Design, like the European Union Aviation Safety Agency (EASA), issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements. For instance, following EASA's AD 2006-0134 for Reims Aviation Industries F406 model aircraft, CASA issued AD/F406/16, effective from 3 August 2006. These directives apply to the aviation industry, specifically to aircraft registered within Australia and their operators, and are integral to maintaining the safety standards mandated by international aviation conventions.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) establish the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are legislative instruments that must be issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8. An AD mandates specific actions or conditions to ensure the continuing airworthiness of an aircraft or aeronautical product. The State of Design, which in this case is the European Aviation Safety Agency (EASA), has the primary responsibility for issuing ADs for aircraft types, and CASA, as the State of Registry for Australia, must issue corresponding ADs when necessary to comply with international standards and ensure safety.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the Act include CASA’s duty to assess and, if appropriate, issue Australian ADs in response to ADs issued by the State of Design. CASA must ensure that these directives are issued promptly to maintain the continuing airworthiness of aircraft registered in Australia. The State of Registry, which is Australia in this context, must implement the requirements set out in the ADs to ensure that aircraft remain airworthy and comply with international safety standards. Additionally, aircraft operators must adhere to the directives and perform the necessary actions or maintenance to comply with the ADs.
Failure to comply with an airworthiness directive can lead to serious consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines up to a maximum of $16,200 for individuals and $81,000 for corporations, per offence. Additionally, CASA can take enforcement actions, such as grounding non-compliant aircraft or imposing operational restrictions. Criminal penalties may also apply for more severe breaches, including imprisonment for up to two years for individuals and fines of up to $100,000 for corporations. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.