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 European Aviation Safety Authority (EASA) has issued AD 2008-0125 affecting Hawker Siddeley Aviation Ltd, British Aerospace PLC HS 748 model aircraft. The EASA acts on behalf of the United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/HS 748/34, which will become effective on 28 August 2008.
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 Branch, 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 governing civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations aimed at maintaining and enhancing the safety of air navigation, including the issuance of airworthiness directives. These directives, which are legislative instruments under the Acts Interpretation Act 1901, mandate specific requirements to ensure the continuing airworthiness of aircraft types. In line with international obligations under the Convention on International Civil Aviation, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue such directives. The policy objective of these regulations is to ensure that Australia meets its international commitments while maintaining the highest safety standards in its domestic airspace. CASA, acting as Australia’s national airworthiness authority, assesses international airworthiness directives and issues corresponding Australian directives when necessary, such as in the case of the AD/HS 748/34 issued in response to EASA’s AD 2008-0125.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in turn must ensure the aircraft’s continuing airworthiness. Therefore, CASA must assess information from the State of Design and issue Australian ADs as required. The issuance of this particular AD, Australian AD/HS 748/34, in response to EASA's AD 2008-0125, is made without public consultation due to Australia's international obligations, and it has been determined that a Regulatory Impact Statement is not necessary.
Key Provisions
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products (section 39.001). These ADs serve as legislative instruments (subregulation 39.001(5)) and are essential for ensuring the continuing airworthiness of aircraft types. The authority to issue ADs is grounded in international agreements, specifically Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has overarching responsibility for the airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then ensure that these directives are appropriately assessed and implemented.
The obligations under these regulations require CASA to review any ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA), and determine if an Australian AD is necessary. This process ensures that Australian registered aircraft comply with international safety standards. For instance, following EASA’s AD 2008-0125 concerning Hawker Siddeley Aviation Ltd, British Aerospace PLC HS 748 model aircraft, CASA issued Australian AD/HS 748/34. This directive was issued to mandate the requirements for Australian-registered aircraft of this type, ensuring they meet the safety standards set forth by the State of Design.
Failure to comply with these airworthiness directives can result in significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may face civil or criminal penalties. The specific consequences can include substantial fines, as outlined in the regulations, and in severe cases, imprisonment. The exact penalties are determined by the nature of the breach and can vary, but they serve as a deterrent to non-compliance, ensuring that all parties adhere to the safety standards set by CASA.
The legislative framework ensures that CASA can act swiftly and decisively to address any safety issues that may arise with aircraft types registered in Australia. By issuing ADs, CASA mandates specific actions to be taken to maintain or restore airworthiness, thereby safeguarding the safety of air navigation. This process is critical in maintaining the integrity of the Australian civil aviation system and ensuring compliance with international safety standards.