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 2005-16-02 affecting Raytheon Model HS.125, BAe 125, Hawker 800 and Hawker 800XP series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 125/176, which will become effective on 29 September 2005.
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, enacted by the Commonwealth Parliament, aims to regulate civil aviation and ensure the safety and efficiency of air navigation within Australia. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), which are crucial for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further specify the circumstances under which ADs can be issued, aligning with international standards set by the Convention on International Civil Aviation. These regulations mandate that the Civil Aviation Safety Authority (CASA) must assess and implement ADs issued by the State of Design for aircraft types registered in Australia, ensuring compliance with international safety standards and Australia's obligations under the Convention. The policy objective of the Act and its regulations is to safeguard air navigation and public safety through stringent oversight and adherence to internationally recognised aviation standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations empower CASA to mandate compliance with safety standards essential for the continued airworthiness of aircraft registered in Australia, thereby ensuring adherence to both national and international safety protocols. The issuance of ADs is aligned with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. As Australia’s national airworthiness authority, CASA is tasked with assessing information provided by the State of Design and, if deemed necessary, issuing corresponding Australian ADs to enforce the requisite safety measures. The jurisdictional scope of these regulations extends nationally, with CASA operating under the authority granted by the Civil Aviation Act 1988, and they apply to all aircraft registered in Australia, regardless of the aircraft’s State of Design.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 pertain to the issuance of airworthiness directives (ADs) under regulation 39.001 (section 98). According to this regulation, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, thereby ensuring that safety standards are upheld. The ADs are considered legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs serve as the primary means of ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States, including Australia.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. In this context, the State of Design, such as the United States for the Raytheon Model HS.125, BAe 125, Hawker 800, and Hawker 800XP series aircraft, is responsible for providing any necessary information to guarantee the airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, assesses this information and issues Australian ADs if appropriate. For instance, following the issuance of AD 2005-16-02 by the United States Federal Aviation Administration (FAA), CASA issued Australian AD/HS 125/176, which became effective on 29 September 2005.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are multifaceted. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, must assess this information and issue corresponding Australian ADs if required. The State of Registry, including CASA, is responsible for implementing and enforcing the ADs to maintain airworthiness standards. Additionally, aircraft operators must comply with the ADs to ensure the safety of their aircraft.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breaching an AD. However, non-compliance with ADs can lead to severe civil and criminal penalties under the Civil Aviation Act 1988. For instance, under section 35 of the Act, a person who contravenes an AD can be issued with a civil penalty of up to $16,500 for an individual or $82,500 for a body corporate. Additionally, more severe consequences may arise under other sections of the Act, including potential imprisonment for serious breaches affecting safety.