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 003-01-2002 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/J4100/18, 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 to regulate civil aviation in Australia, includes provisions that empower the Governor-General to make regulations for the safety of air navigation. Under this act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, designed to ensure the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The State of Design holds responsibility for providing necessary information to States of Registry to maintain airworthiness, and CASA, as Australia's national airworthiness authority, must evaluate and potentially mandate these directives. The AD in question, issued in response to UK CAA's AD 003-01-2002 for BAe Jetstream 4100 model aircraft, reflects Australia's adherence to international obligations and has been determined to not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to mandate requirements for maintaining airworthiness. The ADs are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. This regulatory approach aligns with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for ensuring an aircraft's continuing airworthiness. In the case of BAe Jetstream 4100 model aircraft, although the UK Civil Aviation Authority issued an AD, CASA has issued an Australian AD/J4100/18 following its assessment, reflecting Australia’s commitment to international safety standards. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This legislative mechanism ensures that the Australian aviation industry adheres to stringent safety standards, maintaining compliance with both national and international regulations.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) can be issued. Section 98 of the Act grants the Governor-General the authority to create regulations for the safety of air navigation, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products (section 39.001). These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003 (section 39.001(5)).
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities governed by them include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to appropriate States of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs when necessary.
The UK Civil Aviation Authority has issued an AD affecting BAe Jetstream 4100 model aircraft, designated as AD 003-01-2002. CASA has evaluated this AD and issued its own directive, Australian AD/J4100/18, which will take effect on 20 February 2008. Given the international obligations and the need to respond to directives from the State of Design, no public consultation was conducted on this specific AD. The Office of Best Practice Regulation has confirmed that such ADs do not require a Regulatory Impact Statement.
The consequences of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be severe. Non-compliance with ADs can lead to safety issues and potential legal ramifications. While specific penalties for breaches of ADs are not detailed in the provided text, the issuance and enforcement of ADs are integral to maintaining the safety and airworthiness of aircraft, with significant potential consequences for any violations.