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 2008-0037 affecting BAe Jetstream 3100 and 3200 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/105, which will become effective on 10 April 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 establish a comprehensive legal framework for civil aviation safety in Australia, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. The Act’s primary objective is to safeguard the public by setting stringent safety standards and oversight mechanisms for all aspects of civil aviation. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 were introduced, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety issues concerning aircraft and aeronautical products. These regulations are designed to align with international standards set by the International Civil Aviation Organization (ICAO) and to facilitate the continuing airworthiness of aircraft registered in Australia. The policy objective of these regulations is to maintain a high level of safety in civil aviation by ensuring that all aircraft meet the necessary safety standards and that any identified safety issues are promptly addressed through appropriate regulatory measures.
Scope and Application
The Civil Aviation Act 1988, as amended, includes provisions for the regulation of civil aviation safety in Australia, with specific focus on the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Act empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specified kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures compliance with these international standards by issuing corresponding ADs when necessary. Exemptions or thresholds are not explicitly mentioned in the context provided, but the ADs are issued in response to international obligations and assessments conducted by CASA, reflecting the jurisdictional scope and the global nature of aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998 (CASR) provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the CASR specifically authorises CASA to issue ADs for kinds of aircraft or aeronautical products. According to subregulation 39.001(5) of the CASR, an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is therefore considered a legislative instrument under the Legislative Instruments Act 2003. The ADs are typically issued in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design, requiring it to provide necessary information to appropriate States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of the aircraft.
The obligations imposed by the ADs on the relevant parties include ensuring that aircraft remain airworthy throughout their operational life. For example, when the State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) regarding BAe Jetstream 3100 and 3200 model aircraft, CASA must assess this information. If appropriate, CASA issues an Australian AD to mandate the requirements of the State of Design. This ensures that Australian operators of these aircraft types comply with internationally recognised safety standards. The State of Registry, in this case, Australia, must ensure that its registered aircraft meet the continuing airworthiness requirements set out in the ADs. This involves taking necessary actions, such as inspections, repairs, and modifications, to maintain or restore the airworthiness of the affected aircraft.
Failure to comply with ADs can result in serious consequences. Civil Aviation Safety Regulations (CASR) part 21, subpart G, specifies that an AD is binding on the holder of a certificate of airworthiness for the kind of aircraft to which the AD applies. Non-compliance with the AD requirements can lead to the suspension or revocation of the aircraft's certificate of airworthiness, effectively grounding the aircraft until it meets the required standards. In addition, operators may face civil penalties, such as fines, and criminal charges if they deliberately or recklessly disregard the AD requirements, which could result in imprisonment. The severity of penalties may vary depending on the circumstances of the breach and the potential risk posed to aviation safety.