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 004-05-99 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/J4100/15, 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 establish a comprehensive legal framework governing the safety and regulation of civil aviation in Australia. This legislation was introduced to address the need for a cohesive and effective system to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to create regulations that support these objectives, and it grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are issued in response to international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. The policy objective is to maintain the highest safety standards in civil aviation by ensuring that aircraft on the Australian Register meet international airworthiness requirements.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments that are designed to maintain the continuing airworthiness of aircraft registered in Australia, thereby aligning with international obligations under the Convention on International Civil Aviation. The State of Design, such as the United Kingdom for the BAe Jetstream 4100 model aircraft, has the primary responsibility for the continuing airworthiness of aircraft types, and CASA must issue corresponding ADs to enforce these requirements within Australia. This process ensures compliance with international standards and maintains safety in Australian airspace, as mandated by Annex 8 of the Convention. The issuance of such directives is governed by specific sections of the Civil Aviation Act and is subject to review and approval by CASA.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD is a legislative instrument that is issued to ensure the continuing airworthiness of aircraft types, in accordance with Annex 8 to the Convention on International Civil Aviation. This means that the state responsible for designing the aircraft type has the primary responsibility for ensuring its airworthiness, and must provide necessary information to the states where the aircraft are registered. As Australia's national airworthiness authority, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, the UK Civil Aviation Authority (CAA) has issued an AD (AD 004-05-99) affecting BAe Jetstream 4100 model aircraft, and CASA has issued Australian AD/J4100/15 in response.
The obligations imposed on parties by this legislation include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types. The State of Registry is also responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Failure to comply with an AD may result in the aircraft being considered unairworthy, and could result in civil or criminal liability.
The legislation also outlines the consequences of breaching the ADs. Failure to comply with an AD may result in the aircraft being considered unairworthy, which could result in the aircraft being grounded and unable to fly. Additionally, failure to comply with an AD could result in civil or criminal liability, including fines and imprisonment. The maximum penalties for breaches of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 vary depending on the specific offence, but can include fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to five years. It is important for parties to comply with the ADs to ensure the safety of air navigation and avoid any potential legal consequences.