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 1998 the United Kingdom Civil Aviation Authority issued AD 007-10-98 applicable to Jetstream 3100 and 3200 aircraft. The United Kingdom is the state of design of Jetstream aircraft. AD 007-10-98 mandated Jetstream Service Bulletin
32-JA980841 published by British Aerospace (Operations) Ltd. CASA has reviewed all ADs issued in the United Kingdom for Jetstream aircraft and has decided to mandate Service Bulletin 32-JA980841 in a new AD called AD/JETSTREAM/107 Nosewheel Steering Selector Valve. AD/JETSTREAM/107 will become effective on 29 October 2010.
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 legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and aircraft operations. The Act empowers the Governor-General to create regulations necessary for these purposes. The Civil Aviation Safety Regulations 1998, under section 39.001, delegate to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the requirements of the Acts Interpretation Act 1901. As Australia adheres to Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the ongoing airworthiness of individual aircraft. CASA, Australia’s national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to enforce the required safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments and serve to mandate safety requirements that ensure the continuing airworthiness of aircraft within Australia. Such ADs are issued in response to directives from the State of Design or other ICAO Contracting States, reflecting Australia's commitment to international civil aviation standards. The ADs are intended to maintain safety standards across the aviation industry and are applicable to all entities and persons involved in the operation and maintenance of aircraft within the Australian Register. Notably, these regulations do not require public consultation or a Regulatory Impact Statement as they are issued in compliance with international obligations and in response to directives from other states. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, and they extend to the international context by aligning with ICAO standards.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to enact regulations that are in the interests of air navigation safety. These regulations include the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs are formal and enforceable regulations that have the force of law.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other relevant parties include the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. This is achieved by CASA assessing information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design. For instance, when the United Kingdom Civil Aviation Authority issued AD 007-10-98 for Jetstream 3100 and 3200 aircraft, CASA assessed this information and decided to mandate the Jetstream Service Bulletin 32-JA980841 in a new AD called AD/JETSTREAM/107 Nosewheel Steering Selector Valve. This process ensures that aircraft in Australia meet international safety standards.
Failure to comply with the requirements set out in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to both civil and criminal penalties. Civil penalties can include fines and other monetary penalties, while criminal penalties can include imprisonment. The severity of these penalties can vary depending on the nature and extent of the non-compliance. It is crucial for operators and owners of aircraft to adhere to ADs to avoid these legal repercussions and ensure the safety and airworthiness of their aircraft.
ADs, such as AD/JETSTREAM/107, are issued under Australia's obligations to the Convention on International Civil Aviation, which places the State of Design in the role of ensuring the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then ensure that these directives are implemented and followed. The issuing of ADs is a critical mechanism for maintaining safety standards in aviation, and it is imperative that all stakeholders comply with these regulations to prevent any potential hazards and ensure the safety of all air passengers and crew.