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 2009-0181-E affecting HP 137 Jetstream Mk 1 and 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/106, Amendment 1, which will become effective on 14 August 2009. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the foundational legislation for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed regulatory frameworks, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. The ADs are legislative instruments that align with international standards set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that aircraft types maintain their airworthiness standards across different states. The ADs are issued in response to safety concerns identified by the State of Design or other contracting states and are mandated to be assessed and enforced by CASA, thereby fulfilling Australia's obligations under international conventions. This process ensures that any identified safety issues are promptly addressed, maintaining high safety standards in Australian civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. 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. These ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA for Australia, is responsible for the individual aircraft's continuing airworthiness. When the State of Design issues an AD, CASA must assess it and, if appropriate, issue an Australian AD to enforce the requirements. This particular AD, issued in response to AD 2009-0181-E by the European Aviation Safety Authority (EASA) affecting HP 137 Jetstream Mk 1 and Jetstream 3100 and 3200 model aircraft, is a direct result of Australia’s obligations under the Convention and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issue of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, which include ensuring the safety of air navigation. Regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This authority stems from the overarching responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and the need for the State of Registry to maintain the airworthiness of individual aircraft. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed on the parties governed by this Act and its Regulations include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. In the context of Australia, CASA, as the national airworthiness authority, must assess any AD issued by a State of Design and, if necessary, issue an Australian AD to ensure compliance with the international safety standards. This process is mandated under Annex 8 to the Convention on International Civil Aviation. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations ensure that all stakeholders are aligned in their efforts to maintain the highest safety standards in civil aviation.
In terms of consequences for breach, the Civil Aviation Safety Regulations 1998 do not explicitly outline offences, penalties, or specific civil or criminal consequences for non-compliance with ADs. However, the overarching legal framework under which CASA operates implies that failure to comply with ADs could result in enforcement actions, including potential administrative penalties or legal proceedings. The severity of these consequences would depend on the specific circumstances of the non-compliance and the potential risk posed to aviation safety. While the exact penalties are not detailed within the ADs themselves, the overarching intent is to ensure strict adherence to ensure the safety of air navigation.