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 2009-0128 affecting Reims Aviation 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/F406/18, which will become effective on 27 August 2009.
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 Initial Airworthiness in the Airworthiness and 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 in Australia with a focus on safety and efficiency. It provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were made to address specific safety requirements, including the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products to ensure their continuing airworthiness. The authority to issue such directives is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is part of Australia's compliance with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design has a responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the ongoing compliance of aircraft within its registry with international standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The State of Design, such as France in the case of Reims Aviation F406 model aircraft, is primarily responsible for providing necessary information to maintain airworthiness, while the State of Registry, which in Australia is CASA, must ensure the implementation of these directives. The regulatory framework mandates CASA to assess directives issued by foreign authorities and, if necessary, issue corresponding Australian ADs. For instance, in response to EASA's AD 2009-0128, CASA issued AD/F406/18, reflecting Australia's commitment to international airworthiness standards. This legislative and regulatory approach ensures that all aircraft registered in Australia meet stringent safety criteria, effectively integrating national and international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations that safeguard air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives play a crucial role in ensuring the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to States of Registry to maintain airworthiness. For aircraft registered in Australia, CASA, as the national airworthiness authority, must review any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian aircraft meet international safety standards.
The obligations imposed by these regulations on CASA and the State of Registry are significant. CASA must assess ADs issued by States of Design and determine if an Australian AD is necessary to ensure compliance with safety standards. The State of Registry is responsible for implementing and enforcing the ADs to maintain the airworthiness of individual aircraft. These obligations are derived from Annex 8, which mandates that States of Registry adopt requirements to ensure the continuing airworthiness of aircraft.
Failure to comply with airworthiness directives can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act provides for both civil and criminal penalties for violations. Civil penalties can include fines, while criminal penalties can include imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Additionally, operators who fail to comply with ADs may face grounding of their aircraft, which can have significant operational and financial implications.