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.
CASA has reviewed the ADs issued for the British Aerospace Jetstream 3100 series and 3200 series of aeroplanes by the Civil Aviation Authority in the United Kingdom. The United Kingdom is the state of design of the British Aerospace Jetstream aeroplane. CASA has identified seven United Kingdom ADs issued between 1985 and 1998 that were not mandated in Australia but which may be applicable, or may have been applicable in the past, to some of the eight Jetstream 3100 series and 3200 series of aeroplanes currently on the Australian register of civil aircraft. CASA has decided to list these seven United Kingdom ADs in a new AD called AD/JETSTREAM/109 State of Design Airworthiness Directives. AD/JETSTREAM/109 will become effective on 24 December 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 Australian Parliament, governs the safety and regulation of civil aviation in Australia, addressing the need to ensure the safe operation and airworthiness of aircraft within its jurisdiction. In line with this objective, the Act provides for the creation of regulations to maintain air navigation safety. One such regulation, issued under section 98 of the Act, is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The aim of this regulatory framework is to ensure the continuing airworthiness of aircraft by mandating compliance with safety standards and requirements as set out by the relevant State of Design or Registry. The introduction of ADs is necessitated by Australia’s international obligations under the Convention on International Civil Aviation and serves to harmonise national airworthiness standards with those of other ICAO Contracting States.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives are mandated by the Act and are issued to ensure the safety of air navigation, aligning with the overarching international standards set by the Convention on International Civil Aviation. The ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. In fulfilling its international obligations, Australia's State of Registry, through CASA, must assess and, when necessary, mandate the ADs issued by the aircraft's State of Design. This ensures the continuing airworthiness of aircraft registered in Australia, particularly those types designed in another country. For instance, CASA has reviewed and subsequently mandated certain British Aerospace Jetstream 3100 and 3200 series ADs in Australia through the issuance of AD/JETSTREAM/109. This directive, effective from 24 December 2010, reflects Australia’s commitment to international safety standards without requiring public consultation or a Regulatory Impact Statement due to its alignment with international obligations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, under section 98 (1). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by relevant parties.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily concerned with ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this. Correspondingly, the State of Registry is responsible for the continuing airworthiness of an individual aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD if necessary to mandate the requirements of the State of Design. In this case, CASA has reviewed and listed seven United Kingdom ADs for the British Aerospace Jetstream 3100 series and 3200 series of aeroplanes, resulting in the new AD/JETSTREAM/109, which will become effective on 24 December 2010.
The AD/JETSTREAM/109 serves to mandate the requirements of the United Kingdom ADs for the Jetstream aeroplanes currently on the Australian register. Operators of these aircraft are required to comply with the AD, which may involve inspections, repairs, or modifications to ensure the aircraft meet the specified airworthiness standards. Failure to comply with the AD can result in significant safety risks, including the potential grounding of the aircraft until compliance is achieved. CASA will likely monitor compliance and may conduct inspections or audits to ensure adherence to the AD.
The legislation also outlines potential consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, generally, non-compliance with airworthiness directives can result in civil penalties, such as fines, and in severe cases, criminal charges. The maximum penalties for such offences can be significant, reflecting the serious nature of ensuring air safety. Operators found in breach of ADs may face legal action, which could include prosecutions by CASA or other regulatory bodies. These measures underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.