CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 United Kingdom CAA issued G-2004-029, affecting British Aerospace HP137 Mk1, Jetstream Series 200, 3100 and 3200 aircraft, in 2004. UK is the State of Design for BAe / Jetstream aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD AD/Jetstream/95 to Amendment 2. The amended AD, AD/Jetstream/95 amendment 2, will become effective on 22 April 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft and aeronautical products. This legislative mechanism allows CASA to mandate safety measures based on directives issued by the aircraft's State of Design, thereby aligning Australian regulations with international standards set forth in the Convention on International Civil Aviation. The objective of these regulations is to ensure that all aircraft operating in Australia meet the necessary safety standards, thereby protecting public safety and fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international safety standards. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry for individual aircraft and the State of Design for the aircraft type. In the context of international obligations under the Convention on International Civil Aviation, when a State of Design issues an AD, CASA must assess and, if appropriate, issue an equivalent AD for Australian-registered aircraft. For instance, following a UK Civil Aviation Authority (CAA) AD for certain British Aerospace Jetstream aircraft models, CASA amended the corresponding Australian AD, which became effective on 22 April 2005. As these ADs are issued in response to international obligations and are considered disallowable instruments, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Importantly, under subregulation 39.001(5), an AD is classified as a disallowable instrument, thereby making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. The State of Design, typically the country where the aircraft is designed, bears the responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which is the country where the aircraft is registered. CASA, as Australia's national airworthiness authority, must then assess this information and issue an Australian AD if appropriate.
Entities governed by the ADs, such as aircraft operators and maintenance providers, have specific obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These obligations include ensuring that their aircraft comply with all issued ADs, maintaining records of compliance, and performing any required modifications or inspections within the stipulated timeframes. Failure to comply with an AD can result in significant safety risks, potentially leading to the grounding of aircraft until compliance is achieved. The State of Registry, in this case CASA, is also responsible for monitoring and enforcing compliance with ADs to ensure the continuing airworthiness of aircraft registered in Australia.
Failure to comply with an airworthiness directive can lead to severe consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These consequences can include civil penalties for non-compliance, such as fines, and in more severe cases, criminal penalties. For instance, under section 90 of the Act, a person who contravenes a civil aviation safety regulation can face a fine of up to $126,000 for a corporation and $25,200 for an individual. Furthermore, CASA can take enforcement actions, including grounding non-compliant aircraft, which can have significant operational and financial repercussions for the operators. Ensuring strict adherence to ADs is critical to maintaining the high safety standards expected in civil aviation.