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 2007-0190 affecting Reims F406 model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F406/17, which will become effective on 30 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 was enacted to regulate and ensure the safety of civil aviation in Australia. This Act allows the Governor-General to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing a framework for such regulations. One significant aspect of these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments that mandate the requirements necessary to ensure the continuing airworthiness of aircraft. This process is vital to comply with Australia’s obligations under international conventions such as the Convention on International Civil Aviation. When a State of Design, such as France in the case of Reims F406 model aircraft, issues an AD, CASA, Australia’s national airworthiness authority, must assess and, if appropriate, issue a corresponding Australian AD. The AD for Reims F406 model aircraft, issued by CASA, is an example of this process and is effective from 30 August 2007.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation within Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types, and they are issued in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in Australia is CASA. This regulatory approach ensures that aircraft on the Australian Register meet international safety standards.
The application of the ADs extends to all aircraft of the specified types within Australia's jurisdiction, ensuring compliance with both domestic and international safety requirements. The ADs are issued in response to directives from the relevant State of Design, such as EASA for European aircraft, and do not require public consultation due to their international obligations. The issuance of these ADs is conducted by CASA, specifically by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988. This process ensures that Australian aircraft maintain their airworthiness and comply with both domestic and international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by this legislation include the requirement for the State of Design, in this case France for the Reims F406 model aircraft, to ensure the continuing airworthiness of the aircraft type. They must provide necessary information to the appropriate States of Registry, including Australia, to maintain airworthiness. The State of Registry, in this instance, Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft, and when an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements. CASA's assessment and subsequent issuance of Australian AD/F406/17, effective from 30 August 2007, is in line with these obligations.
There are no specific offences, penalties, or civil/criminal consequences mentioned within the text for breaches of these regulations. However, failure to comply with an AD could result in severe consequences, including potential grounding of the aircraft, which could lead to operational disruptions and legal liabilities for the aircraft operator. The text does note that due to the international nature of the obligations under the Convention on International Civil Aviation, no public consultation has taken place for the AD, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.