CIVIL AVIATION ACT 1988
CIVIL AVIATION 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.
CASA raised AD/GENERAL/37 in 1966 to correct an unsafe situation on many aircraft types. Experience has shown that the emergency exits on aircraft need to be exercised on a regular basis to ensure that they will work properly when required. The AD has been amended on a number of occasions to address changing circumstances. Amendment 9 has been developed at the request of an Australian operator who pointed out that the last change to this AD (Amendment 8) imposed an additional and unnecessary burden on some operators. CASA agrees with this view, and has again amended the AD to fix this problem. The amended AD is AD/GENERAL/37 Amendment 9.
CASA has consulted informally with affected operators.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Civil Aviation Act 1988.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation safety and ensure the continued airworthiness of aircraft within Australia. The 1988 Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were also established, allowing for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical for maintaining safety standards and ensuring compliance with international conventions such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Regulations 1998 facilitate the ongoing responsibility of the State of Registry to enforce airworthiness requirements for aircraft registered in Australia. This regulatory approach addresses the problem of ensuring that aircraft meet safety standards by mandating specific actions, such as the regular testing of emergency exits, as highlighted by AD/GENERAL/37 Amendment 9. The policy objective of these regulations is to align Australia's aviation safety practices with international standards and to protect the public from aviation-related risks.
Scope and Application
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing the specific requirements for ensuring the safety of air navigation. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, making ADs a legislative instrument under the Legislative Instruments Act 2003. The ADs are intended to maintain and ensure the continuing airworthiness of aircraft, with the State of Registry responsible for implementing the directives issued by the State of Design. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, where appropriate, issue Australian ADs to enforce the necessary safety requirements. This process is guided by international standards set out in Annex 8 to the Convention on International Civil Aviation. AD/GENERAL/37, initially issued in 1966 and subsequently amended to address safety concerns, mandates the regular exercise of emergency exits on aircraft to ensure functionality when required, with Amendment 9 addressing specific concerns raised by an Australian operator about the unnecessary burden of the previous amendment. CASA has consulted with affected operators regarding these changes, and the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The AD is made under the authority granted by section 84A(2) of the Civil Aviation Act 1988 by the Section Head Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products (sections 98, 39.001). These ADs are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 (section 39.001(5)). These regulations are intended to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards under Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by the Act and the Regulations centre around the responsibility for airworthiness. The State of Design, which is the country where the aircraft type is designed, has the primary responsibility for the continuing airworthiness of that aircraft type and must provide necessary information to the States of Registry (Annex 8). The State of Registry, in this case Australia, must develop or adopt requirements to ensure the airworthiness of individual aircraft registered in its territory. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8, 39.001). This process ensures that Australian-registered aircraft meet the necessary safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 impose penalties and consequences for non-compliance with ADs. If an operator fails to comply with an AD, they may face both civil and criminal penalties. Civil penalties can include fines, and in more severe cases, criminal penalties may apply, including imprisonment. The specific penalties depend on the nature and severity of the breach, but they are intended to enforce compliance with safety regulations to maintain the highest standards of airworthiness. The Act and Regulations do not specify maximum penalties, but they provide the framework within which CASA can enforce compliance and pursue legal action against non-compliant operators.