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.
AD/HS 125/89 was originally raised in 1987. AD/HS 125/89 Amdt 2 became effective on 18 March 2010 but did not provide adequate separation between its effective date and the required compliance date. AD/HS 125/89 Amdt 3 will become effective on 7 June 2010 and will require compliance before the first flight after 21 June 2010. This AD cancels and replaces the previous issue.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations that align with the Act’s objectives, particularly concerning the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective behind these regulations is to mandate the continuing airworthiness of aircraft in line with international standards and practices as outlined in the Convention on International Civil Aviation, specifically through the issuance of ADs. This approach ensures that aircraft in Australian airspace meet the necessary safety standards as determined by the relevant State of Design and enforced by CASA as Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are critical for ensuring the continuing airworthiness of aircraft. The ADs are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements specified by the State of Design. This process ensures that the ADs align with international standards and adequately address safety concerns, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs). These ADs are legislative instruments that pertain to specific kinds of aircraft or aeronautical products. According to regulation 39.001(5), ADs fall under the category of disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901, and they are regulated under the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry.
The obligations and requirements imposed by the ADs are twofold: firstly, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, and secondly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. In the context of Australia, CASA must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD. This AD mandates the compliance with the requirements set forth by the State of Design, ensuring that Australian-registered aircraft meet the necessary safety standards.
In terms of compliance with ADs, the regulations specify that AD/HS 125/89 Amdt 3 will become effective on 7 June 2010, with compliance required before the first flight after 21 June 2010. This amendment cancels and replaces the previous AD, addressing the inadequacies of the earlier version. Given that the AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and is in reaction to an AD raised by the relevant State of Design, no public consultation has been conducted on this directive. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
Failure to comply with the ADs can result in significant consequences. While the specific civil or criminal penalties for non-compliance are not detailed in the text, it is clear that adhering to these directives is crucial for maintaining the safety of air navigation. Non-compliance could potentially lead to enforcement actions by CASA, which could include fines, operational restrictions, or even the grounding of non-compliant aircraft. The exact penalties would depend on the severity and nature of the non-compliance, as well as any relevant aviation laws and regulations.