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 European Aviation Safety Authority (EASA) has issued AD 2008-0094 affecting Jetstream 4100 model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/J4100/5, Amendment 1, which 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, 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 framework for civil aviation safety in Australia, addressing the need for regulations that ensure the safety of air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. The issuance of ADs is crucial for maintaining the continuing airworthiness of aircraft and is aligned with Australia's obligations under the Convention on International Civil Aviation, particularly through the cooperation with the State of Design. The ADs serve as a legislative instrument, essential for ensuring that the safety standards are uniformly applied across different jurisdictions. CASA, as Australia's national airworthiness authority, assesses the necessity and appropriateness of issuing ADs in response to directives from the relevant State of Design, thus fulfilling the regulatory requirements and international commitments.
Scope and Application
The Civil Aviation Act 1988, through its regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and the State of Registry responsibility for the individual aircraft. In response to an AD issued by the European Aviation Safety Authority (EASA) concerning the Jetstream 4100 model aircraft, CASA has issued Australian AD/J4100/5, Amendment 1, effective from 31 July 2008, which supersedes the previous directive. Given that these ADs are a direct response to international obligations and are not subject to public consultation or Regulatory Impact Statements, they are enacted by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 (the Regulations) provide for the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs apply to specific kinds of aircraft or aeronautical products and are intended to ensure the safety of air navigation. Regulation 39.001(5) clarifies that ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the provisions of the Legislative Instruments Act 2003. The ADs serve as a mechanism to communicate continuing airworthiness information, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) assumes the role of the national airworthiness authority, tasked with assessing and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design.
The obligations under the Civil Aviation Safety Regulations 1998 place specific responsibilities on CASA and the State of Registry. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and determine whether an Australian AD is necessary to mandate those requirements. The State of Registry, in this case, the Australian government through CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. This includes evaluating ADs from the State of Design and implementing corresponding Australian ADs where appropriate. Additionally, the State of Registry must ensure that all aircraft registered within its jurisdiction comply with the mandated ADs to maintain their airworthiness.
Failure to comply with the requirements set out in an AD can result in significant legal consequences. Section 84A(2) of the Civil Aviation Act 1988 empowers CASA to enforce these directives. Non-compliance with an AD can be considered a breach of the Act, leading to enforcement actions. While the specific penalties for breaches are not detailed in the provided text, it is common for regulatory breaches to incur substantial fines or other penalties under aviation law. These consequences are intended to ensure that all parties adhere to the safety standards set forth in the ADs to maintain the safety of air navigation.