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, 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 States FAA has issued AD 2007-07-06 affecting Columbia Aircraft Manufacturing (Formerly The Lancair Company) aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/LC40/2, which will become effective on 30 April 2007.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) 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, with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations necessary for the Act's purposes and in the interest of aviation safety. One of these regulations is the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs serve as a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are required to adhere to the Legislative Instruments Act 2003. These directives play a crucial role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The ADs are issued by the State of Design, and the State of Registry is responsible for ensuring the aircraft's compliance with these directives.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory action is taken under the authority of section 98 of the Civil Aviation Act 1988, which allows the Governor-General to create regulations that enhance the safety of air navigation. The ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901, and consequently, as legislative instruments as per the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Registry, which in the case of Australia, is managed by CASA. ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly by the State of Design, which necessitates CASA to assess and potentially mandate Australian ADs to align with international safety standards. The issuance of ADs, such as the Australian AD/LC40/2 in response to the United States FAA’s AD 2007-07-06, is conducted without public consultation and does not require a Regulatory Impact Statement, given their technical nature and international alignment.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations for safety purposes, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties and entities by these provisions are significant. The State of Design is primarily responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry to ensure safety. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess any relevant ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This ensures that Australian aircraft meet international safety standards, as mandated by Annex 8 to the Convention on International Civil Aviation.
Failure to comply with an AD can result in serious consequences. Under section 91 of the Civil Aviation Act 1988, any person who contravenes an AD is liable to a civil penalty. The maximum penalty for an individual is 500 penalty units, while for a body corporate, the penalty can be significantly higher, up to 5,000 penalty units. Additionally, CASA can take enforcement actions, including grounding the aircraft until compliance is achieved, which can have severe operational and financial repercussions for operators. In cases of non-compliance leading to accidents or incidents, criminal charges may also be pursued, resulting in substantial fines and potential imprisonment.