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 2009-0127 affecting Reims Aviation Industries F406 series aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F406/19, 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation within Australia. This Act provides the legal framework for the regulation of civil aviation, empowering the Governor-General to make regulations that promote air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft as per the International Civil Aviation Organization's (ICAO) Annex 8. The State of Registry, in this case CASA, must ensure the safety of aircraft on the Australian Register by adopting or developing requirements for their continuing airworthiness. The policy objective is to harmonise Australia’s regulatory framework with international standards, ensuring that all aircraft meet the required safety standards.
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) concerning specific types of aircraft or aeronautical products to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated as per section 6 of the Legislative Instruments Act 2003. This regulatory framework aligns with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, necessitating the provision of necessary information to States of Registry. Consequently, CASA, acting as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs in response to directives from the State of Design to maintain compliance with international standards. This process was exemplified when CASA issued Australian AD/F406/19 following the European Aviation Safety Agency's issuance of AD 2009-0127 for Reims Aviation Industries F406 series aeroplanes, with France as the State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) under section 98 (1) and regulation 39.001 respectively. This regulatory mechanism is designed to ensure that aircraft and aeronautical products maintain their airworthiness. An AD is a disallowable instrument, making it a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs serve as a critical tool for communicating the necessary actions required to maintain the continuing airworthiness of aircraft types, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
Entities governed by these regulations, particularly the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority, are mandated to assess and, if necessary, issue ADs based on assessments of ADs issued by the State of Design. For example, CASA has assessed the EASA's AD 2009-0127 affecting Reims Aviation Industries F406 series aeroplanes and has issued Australian AD/F406/19 to align with the requirements of the State of Design, France. This process underscores the importance of international cooperation in ensuring the safety and airworthiness of aircraft.
The ADs impose specific obligations on the parties involved, including the State of Design, the State of Registry, and CASA. The State of Design, in this case, France, is responsible for issuing ADs and providing necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry, which in this context is Australia, must adopt or develop requirements to ensure that aircraft remain airworthy. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary. Failure to comply with these requirements can result in non-compliance with international safety standards and potentially compromise the safety of air navigation.
Breaches of the requirements outlined in the ADs can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. The Act allows for fines and potential imprisonment for individuals or corporations that fail to comply with airworthiness directives. The specific penalties can vary depending on the severity of the breach and the discretion of the court. Additionally, non-compliance can lead to the grounding of aircraft, which can have serious operational and financial implications for airlines and other operators.