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 2007-04-18 affecting Learjet Model 35 and 36 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/LEARJET 35/40, which will become effective on 12 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 legal framework for ensuring the safety of air navigation, with a focus on the continuing airworthiness of aircraft. This Act empowers the Governor-General to create regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that address safety issues for specific aircraft or aeronautical products and are issued in accordance with international standards set by the Convention on International Civil Aviation. The Act ensures that Australia's national airworthiness authority, CASA, must respond to ADs issued by the State of Design by assessing and, if necessary, issuing corresponding Australian ADs to maintain the safety standards of aircraft registered in Australia. The policy objective of the Act is to align with international obligations and ensure the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring the safety of air navigation in Australia. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and serve as a mechanism for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design, in this case the United States, has primary responsibility for ensuring the airworthiness of aircraft types and must provide necessary information to the State of Registry, which is Australia in this context. CASA, as Australia's national airworthiness authority, is responsible for assessing the information provided by the State of Design and, when necessary, issuing Australian ADs to enforce the required safety measures. The AD/LEARJET 35/40 issued by CASA on 12 April 2007 is an example of this process, reflecting Australia’s commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are instrumental in ensuring that the aircraft remain airworthy, and they are mandated by the overarching framework provided by the Civil Aviation Act 1988 (section 98). An AD is considered a legislative instrument under the Legislative Instruments Act 2003 (section 6), due to its status as a disallowable instrument as per the Acts Interpretation Act 1901 (section 46A).
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations to adhere to. The State of Design, which in this context is the country where the aircraft type was designed, has the primary responsibility for the continuing airworthiness of that aircraft type. This includes providing any necessary information to ensure the aircraft remains airworthy, in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that Australian aircraft comply with international airworthiness standards.
Failure to comply with the airworthiness directives can lead to serious legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for breaches of ADs. However, non-compliance with airworthiness directives could potentially lead to enforcement actions by CASA, which may include fines, grounding of the aircraft, or other regulatory penalties. The severity of these penalties would depend on the nature and extent of the non-compliance, and the specific regulatory frameworks applicable at the time of the breach. It is also important to note that non-compliance could result in safety risks, leading to potential accidents or incidents, which could attract both civil and criminal liabilities under broader aviation and safety laws.