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 2009-08-04 affecting Hawker Beechcraft Corporation Model BH.125 series 600A aeroplanes and Model HS.125 series 700A aeroplanes. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/HS 125/183, which will become effective on 4 June 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with these regulations being integral to maintaining the highest safety standards in the aviation sector. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives are critical in ensuring the continuing airworthiness of aircraft, aligning with international standards and obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and, where necessary, issuing Australian ADs in response to directives from the relevant State of Design, thereby fulfilling Australia’s commitments under international aviation agreements.
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, ensuring the safety of air navigation as outlined in section 98 of the Act. This regulatory mechanism extends to mandating requirements for the continuing airworthiness of aircraft registered in Australia, in accordance with Annex 8 to the Convention on International Civil Aviation. These directives apply to the entities responsible for the design and registry of aircraft, such as aircraft manufacturers and the State of Registry, ensuring that any identified safety issues are addressed and rectified. ADs are legislative instruments that CASA issues following the evaluation of directives from the State of Design, such as the United States Federal Aviation Administration (FAA), to maintain compliance with international civil aviation standards. The issuance of ADs does not involve public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their nature as continuing airworthiness mandates derived from international obligations.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 under section 39.001 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(5)). An AD is a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003 (39.001(5)). This provision ensures that ADs, which mandate the requirements for the continuing airworthiness of aircraft, are issued under the authority of the Governor-General and align with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.
Under these regulations, CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design, which is the country responsible for the design of the aircraft. If an AD is pertinent to aircraft registered in Australia, CASA must issue a corresponding Australian AD to enforce the necessary requirements for maintaining the airworthiness of these aircraft (Annex 8). This obligation ensures that Australian aircraft meet both national and international safety standards.
The Civil Aviation Safety Regulations 1998 also stipulate that the State of Registry, which is the country where the aircraft is registered, is responsible for the continuing airworthiness of individual aircraft. This includes developing or adopting necessary requirements to ensure the aircraft remain airworthy (Annex 8). By issuing Australian ADs in response to ADs from the State of Design, CASA upholds this responsibility, ensuring that all aircraft registered in Australia comply with safety mandates.
Breaches of airworthiness directives can lead to serious civil and criminal consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD can result in civil penalties, including fines. The specific penalties are not detailed in the text, but they can be substantial. Additionally, serious breaches may lead to criminal charges, which could result in imprisonment. The severity of the penalties reflects the critical importance of adhering to airworthiness directives in ensuring the safety of air navigation.