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 United States FAA has issued AD 2006-01-04 affecting various Raytheon Aircraft Company model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 125/178, which will become effective on 11 May 2006. This AD cancels and replaces AD/HS 125/141.
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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, primarily focusing on the safety and efficiency of air navigation. This legislation was necessary to fill the gap left by the absence of a unified regulatory body for civil aviation prior to its enactment. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations, in turn, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, a legislative instrument subject to disallowance. The policy objective of these regulations is to maintain and enhance the safety standards of civil aviation in alignment with international obligations under the Convention on International Civil Aviation. The ADs issued by CASA are a direct response to safety concerns identified by the State of Design, ensuring that Australian aircraft comply with international airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory mechanism applies to all aircraft registered in Australia, and is designed to maintain the airworthiness of aircraft types through the implementation of safety directives. The ADs, as legislative instruments, are subject to disallowance and are influenced by international standards set by the International Civil Aviation Organization (ICAO). The issuing of ADs is primarily in response to directives from the aircraft’s State of Design, with CASA acting as Australia’s national airworthiness authority. The ADs are intended to enforce continuing airworthiness requirements, ensuring compliance with both international and national aviation safety standards. Notably, the issuance of ADs does not require public consultation or a Regulatory Impact Statement, reflecting the critical and urgent nature of airworthiness concerns.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations intended to enhance the safety of air navigation. Under this section, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. Such directives are essential for maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations are multifaceted. Firstly, the State of Design—the country where the aircraft type is designed—bears the primary responsibility for ensuring the continuing airworthiness of its aircraft types. This includes providing necessary information to the States of Registry, which are responsible for the ongoing airworthiness of individual aircraft registered within their jurisdictions. CASA, acting as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the design state's requirements on aircraft registered in Australia. This process ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with ADs can lead to serious consequences. Section 113 of the Civil Aviation Act 1988 stipulates that operating an aircraft contrary to an airworthiness directive is an offence. Such violations can result in substantial penalties, including fines of up to $1,650,000 for corporations and $330,000 for individuals, as well as potential imprisonment. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.