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 UK CAA has issued AD 003-08-97 affecting BAe Jetstream 4100 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/J4100/13, which will become effective on 20 February 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, Airframes in the Airworthiness Engineering Branch, 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 ensure the safety and efficiency of civil aviation in Australia. The Act provides the framework for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs). These directives are crucial for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in response to obligations under international agreements, such as the Convention on International Civil Aviation, and are mandated by the State of Design for an aircraft type. CASA, as Australia’s national airworthiness authority, evaluates and implements these ADs to ensure that Australian-registered aircraft meet the necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, encompasses a broad framework governing civil aviation activities in Australia, with specific provisions for the issuance of airworthiness directives (ADs). Under this Act, the Governor-General is empowered to create regulations aimed at ensuring the safety of air navigation, which includes the mandate for the issuance of ADs. These ADs apply to particular kinds of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. As these ADs are considered legislative instruments, they fall under the purview of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs primarily serve to ensure the continuing airworthiness of aircraft and are issued by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, in response to directives from the State of Design, in compliance with international obligations under the Convention on International Civil Aviation. In this specific context, CASA has issued an AD for the BAe Jetstream 4100 model aircraft in response to an AD issued by the United Kingdom Civil Aviation Authority, which is the State of Design for this aircraft type. The AD is issued without public consultation as it is governed by international obligations and is a legislative instrument.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988, particularly section 98, enables the Governor-General to make regulations that promote the safety of air navigation. The ADs issued by the Civil Aviation Safety Authority (CASA) under these regulations are intended to ensure the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed on entities by these provisions primarily revolve around the maintenance of airworthiness. The State of Design, in this case, the United Kingdom for the BAe Jetstream 4100 model aircraft, is responsible for providing information necessary for the continuing airworthiness of the aircraft type. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if necessary. The State of Registry, which in this instance is Australia, must also ensure that the aircraft meet continuing airworthiness requirements as stipulated by Annex 8 of the Convention on International Civil Aviation.
Failure to comply with an AD can lead to significant legal consequences. Under section 84A of the Civil Aviation Act 1988, CASA has the power to issue fines for breaches. The maximum penalty for non-compliance with an airworthiness directive can be substantial, as outlined in the Civil Aviation Safety Regulations 1998. These penalties underscore the importance of adhering to ADs, which are designed to mitigate safety risks and ensure the continued airworthiness of aircraft operating within Australia.