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 005-09-99 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/J4100/14, 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, aiming to ensure safety and efficiency in the national airspace. The Act grants the Governor-General the authority to make regulations, such as the Civil Aviation Safety Regulations 1998, which, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. As such, CASA, as the national airworthiness authority, must assess and, if necessary, issue ADs in response to those issued by the aircraft's State of Design, ensuring compliance with international safety standards without necessitating public consultation. The policy objective is to uphold high safety standards in civil aviation by ensuring that aircraft remain airworthy through the implementation of necessary regulatory measures.
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 specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design holding overall responsibility for this. The State of Registry, such as Australia through CASA, must adopt or develop requirements to ensure the ongoing airworthiness of aircraft registered within its jurisdiction. For example, when the UK Civil Aviation Authority issues an AD for the BAe Jetstream 4100 model aircraft, CASA, as Australia's national airworthiness authority, must evaluate this directive and, if deemed necessary, issue an Australian AD to enforce the required safety measures. This process underscores Australia's commitment to international aviation safety standards, although it does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This power enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. This includes issuing ADs, which are then assessed by the States of Registry, such as CASA in Australia, to determine if they need to issue their own ADs to ensure compliance and safety. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with ADs can lead to severe consequences. Violations of ADs may be considered offences under the Civil Aviation Act 1988, potentially leading to both civil and criminal penalties. The specific penalties are not detailed within the provided text, but typically, such breaches can result in significant fines or other sanctions. Additionally, non-compliance with ADs can compromise the safety of air navigation, leading to potential accidents or other safety incidents. Therefore, adherence to ADs is critical for all parties involved to maintain the highest safety standards in aviation.
CASA, acting on behalf of Australia, has issued Australian AD/J4100/14 in response to the UK's AD 005-09-99 for BAe Jetstream 4100 model aircraft. As this AD is a direct response to an international requirement and does not require public consultation, CASA has acted in accordance with subsection 84A(2) of the Act. This directive will become effective on 20 February 2008, and while the specific penalties for non-compliance are not outlined, they are likely to be substantial, reflecting the importance of adhering to safety regulations in aviation.