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 2006-0343 affecting Handley Page, Scottish Aviation and British Aerospace Jetstream 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/JETSTREAM/100, Amendment 1, which will become effective on 15 February 2007. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently developed to offer detailed regulatory provisions, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. This mechanism is integral to maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry. CASA, acting as Australia’s national airworthiness authority, issues ADs in response to directives from the relevant State of Design, such as the European Aviation Safety Authority (EASA) in this case. The legislative process for issuing these directives, as outlined in the Act, ensures that they are consistent with Australia’s international commitments and internal regulatory standards.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, with such ADs being disallowable instruments under the Acts Interpretation Act 1901. The ADs are legislative instruments that must be issued in accordance with the Legislative Instruments Act 2003. The issuance of ADs by CASA is in response to obligations under the Convention on International Civil Aviation and is a means of ensuring the continuing airworthiness of aircraft registered in Australia. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. In the case of AD 2006-0343 issued by the European Aviation Safety Authority (EASA) for Jetstream model aircraft, CASA has issued Australian AD/JETSTREAM/100, Amendment 1, which will become effective on 15 February 2007.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations intended to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for the continuing airworthiness of that aircraft type. This includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered and responsible for ensuring the continuing airworthiness of those specific aircraft. When a State of Design issues an AD, such as the AD 2006-0343 issued by the European Aviation Safety Authority (EASA) for the Jetstream model aircraft, CASA must evaluate this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that the Australian AD/JETSTREAM/100, Amendment 1, which becomes effective on 15 February 2007, aligns with international standards and adequately addresses any identified safety concerns.
The obligations imposed on parties by these provisions are significant. The State of Design must ensure that any identified safety issues are communicated promptly and accurately, and the State of Registry must act on this information to maintain the airworthiness of the aircraft under its registry. CASA, as the national airworthiness authority, must rigorously assess the ADs issued by foreign authorities and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. The ADs themselves mandate specific actions, such as inspections, repairs, or modifications, that must be undertaken by the operators of the affected aircraft to maintain compliance with airworthiness standards.
Non-compliance with the airworthiness directives can have serious legal and safety consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, operating an aircraft that does not comply with the ADs can result in severe penalties. These can include fines, imprisonment, or both, depending on the severity of the violation. The maximum penalties for breaches can vary, but they are designed to enforce strict compliance to ensure the highest standards of aviation safety are maintained. The regulatory framework aims to prevent accidents and incidents by ensuring that all aircraft meet the necessary safety requirements as stipulated by the ADs.