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 1986 the United Kingdom Civil Aviation Authority issued AD 009-02-86 applicable to HP137 Mk 1, Jetstream Series 200 and Jetstream Series 3100 aircraft. The United Kingdom is the state of design of Jetstream aircraft. AD 009-02-86 mandated Jetstream Service Bulletin 27‑JA840421 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 27-JA840421 in a new AD called AD/JETSTREAM/108 Flap Torque Shaft Assembly. AD/JETSTREAM/108 will become effective on 19 November 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, enacted by the Commonwealth Parliament, addresses the overarching governance and regulation of civil aviation within Australia, with a strong emphasis on ensuring safety and efficiency. The Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to implement regulations that safeguard air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, empowers CASA to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft, as mandated by international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its international obligations while upholding the highest safety standards domestically. The ADs serve as legislative instruments that CASA issues to enforce compliance with airworthiness requirements, thereby addressing any identified safety issues within the aviation sector.
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) concerning specific types of aircraft or aeronautical products, ensuring adherence to safety standards. These ADs are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design has the overarching responsibility for the continuing airworthiness of aircraft types and must supply necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, if deemed necessary, mandates them through Australian ADs. For example, CASA reviewed UK ADs for Jetstream aircraft and issued AD/JETSTREAM/108 concerning a flap torque shaft assembly, effective from 19 November 2010. Given these ADs are issued to comply with international obligations and in response to directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA's Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework through which airworthiness directives (ADs) are issued to ensure the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is responsible for assessing and, if necessary, mandating ADs issued by the State of Design, particularly when these ADs affect aircraft registered in Australia. For example, in 1986, the United Kingdom Civil Aviation Authority issued an AD for Jetstream aircraft, which CASA has reviewed and decided to mandate in Australia as AD/JETSTREAM/108. This directive will take effect from 19 November 2010. The State of Registry, in this case CASA, must ensure the continuing airworthiness of the aircraft according to the ADs issued.
The obligations imposed by these regulations on CASA and other parties include the assessment of ADs issued by the State of Design and the subsequent issuance of Australian ADs when appropriate. CASA must ensure compliance with these directives to maintain the safety standards set forth by the Convention on International Civil Aviation. The State of Registry must also ensure that aircraft registered within its jurisdiction comply with the mandated ADs.
Failure to comply with the ADs can lead to significant consequences. Although specific penalties are not detailed in the text, breaches of airworthiness regulations generally can result in substantial fines and other penalties under the Civil Aviation Act 1988. These penalties are intended to ensure that all parties adhere to the safety standards necessary to protect the public and maintain the integrity of air navigation.