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, the Civil Aviation Safety Authority (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.
In October 2010 CASA published AD/JETSTREAM/107 Nosewheel Steering Selector Valve to mandate Jetstream Service Bulletin 32-JA980841 published by British Aerospace (Operations) Ltd. It has been brought to CASA’s attention that Jetstream Service Bulletin 32-JA980841 is now at Revision 1 and the required overhaul interval is different to the interval published in AD/JETSTREAM/107. CASA has decided to amend AD/JETSTREAM/107 to nominate Revision 1 of the Service Bulletin, and to specify the correct overhaul interval. AD/JETSTREAM/107 Amdt 1 will become effective on 5 November 2010. 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 a number of ADs 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and the orderly development of the aviation industry. Under this Act, the Governor-General is empowered to make regulations that serve the interests of the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which establish the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, ensuring they meet stringent regulatory standards. The ADs are instrumental in maintaining the continuing airworthiness of aircraft in line with international obligations under the Convention on International Civil Aviation. In response to a revision of a service bulletin by the State of Design, CASA has issued an updated AD to mandate the correct overhaul interval, reflecting the international standard and ensuring compliance with Australia's regulatory requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to ensure the safety of air navigation and are in line with the requirements of Annex 8 to the Convention on International Civil Aviation. The ADs serve as the primary means of communicating continuing airworthiness information between the State of Design and the State of Registry. In the Australian context, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce the requirements for aircraft on the Australian Register. This regulatory framework applies to all relevant entities within the aviation industry, including aircraft manufacturers, operators, and maintenance providers, ensuring that all stakeholders comply with the mandated safety standards. Geographic reach is national, with these regulations applying across Australia. The ADs themselves are legislative instruments and are subject to disallowance. Notably, these ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific safety concerns identified by the relevant State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 for specific types of aircraft or aeronautical products. These directives are critical in ensuring that the aircraft continue to meet the necessary safety standards throughout their operational life. Regulation 39.001(5) classifies an AD as a disallowable instrument, thereby making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This legislative framework is grounded in the obligations of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide essential information to ensure continued airworthiness, and the State of Registry must develop or adopt requirements to maintain this airworthiness.
Under these regulations, CASA, as Australia’s national airworthiness authority, has the responsibility to assess information from the State of Design and issue appropriate ADs when necessary. For example, in October 2010, CASA issued AD/JETSTREAM/107 to mandate Jetstream Service Bulletin 32-JA980841 by British Aerospace (Operations) Ltd. Recently, CASA identified a discrepancy between the overhaul interval specified in AD/JETSTREAM/107 and the updated Revision 1 of the Service Bulletin. Consequently, CASA amended AD/JETSTREAM/107 to reflect the correct overhaul interval, effective from 5 November 2010. This amendment cancels and replaces the previous AD.
Entities and individuals governed by these provisions must comply with the issued ADs, ensuring that the necessary maintenance and operational standards are adhered to. Failure to comply with an AD can lead to serious safety risks, potentially resulting in significant penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially leading to criminal charges. Additionally, civil penalties may be imposed for breaches, which can include fines and other corrective measures. The severity of the penalties depends on the nature and extent of the non-compliance, but the overarching goal is to enforce stringent safety standards to protect public safety in aviation.