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 United Kingdom CAA issued AD 003-07-97 affecting British Aerospace PLC Jetstream 4100 series aircraft. The United Kingdom is the State of Design for this aircraft. As a result of a request from parliament, CASA has amended the equivalent Australian AD to AD/J4100/4 Amendment 1 will become effective on 31 July 2008. This AD cancels and replaces the previous issue.
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 for the regulation of civil aviation in Australia, focusing on the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation. One such regulation, issued by the Civil Aviation Safety Authority (CASA), is the issuance of airworthiness directives (ADs), which mandate safety requirements for specific types of aircraft or aeronautical products. This process is detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which aligns with international standards set by the International Civil Aviation Organization (ICAO). The ADs are considered legislative instruments under the Legislative Instruments Act 2003. CASA, acting as Australia’s national airworthiness authority, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, which involves issuing Australian ADs when required by the State of Design or in response to international obligations. This ensures compliance with both domestic and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This authority extends to ensuring the safety of air navigation as mandated under section 98 of the Civil Aviation Act 1988. The ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. These directives are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, must ensure these requirements are met for aircraft registered within their jurisdiction. In this context, when the United Kingdom issues an AD for a type of aircraft registered in Australia, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD. The issuance of these directives is governed by Australia’s obligations under international conventions and does not require public consultation, nor does it necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg. 39.001(5)). These ADs are considered legislative instruments as they fall under the purview of section 46A of the Acts Interpretation Act 1901 and are disallowable instruments (reg. 39.001(5)). They are issued under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations to ensure the safety of air navigation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8 to the Convention on International Civil Aviation).
The obligations imposed by these regulations primarily rest on CASA and the State of Registry of an aircraft. CASA must review and, if necessary, adopt ADs issued by States of Design that affect aircraft registered in Australia. The State of Registry, in this case CASA, must ensure that the requirements set forth in these ADs are implemented to maintain the continuing airworthiness of the aircraft. This process ensures that aircraft operating in Australia meet international safety standards and comply with local regulatory requirements. Furthermore, the State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types to the appropriate States of Registry, thereby facilitating the international coordination of airworthiness standards.
Failure to comply with the requirements set out in an AD can result in serious consequences. While specific penalties are not detailed in the provided text, non-compliance with airworthiness directives can generally lead to enforcement actions by CASA, including the potential grounding of non-compliant aircraft. Such actions are taken to ensure that all aircraft operating in Australian airspace meet the required safety standards. The seriousness of these consequences underscores the importance of adhering to ADs to maintain the highest levels of aviation safety. Regulatory oversight and enforcement play a crucial role in upholding these safety standards and protecting the public from potential aviation risks.