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 2005 the USA Federal Aviation Administration issued AD 2005-13-36 applicable to Learjet aircraft models 35, 35A, 36 and 36A. The USA is the state of design for Learjet aircraft. AD 2005-13-36 mandated Alert Service Bulletin A35/36-27-42 published by Learjet Inc. CASA has reviewed all ADs issued by the FAA for Learjet aircraft and has decided to mandate Learjet Alert Service Bulletin A35/36-27-42 in a new AD called AD/LEARJET/42 Aileron Control Cables. AD/LEARJET 35/42 will become effective on 30 September 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, serves to regulate civil aviation matters with a primary focus on ensuring the safety of air navigation. One of its key provisions allows the Governor-General to create regulations for the Act's purposes, which include the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Such directives are legislative instruments, essential for maintaining the continuing airworthiness of aircraft and aeronautical products, in accordance with international standards set by the Convention on International Civil Aviation. In response to an airworthiness directive issued by the USA Federal Aviation Administration concerning Learjet aircraft models, CASA has issued AD/LEARJET/42 to mandate specific requirements for Australian-registered Learjets, effective from 30 September 2010. This action is taken under Australia's obligations to the Convention and without public consultation, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) having the authority to issue such directives under regulation 39.001. These directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are essential for ensuring the continuing airworthiness of aircraft and aeronautical products. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places the responsibility of continuing airworthiness on the State of Design and State of Registry. CASA, as Australia's national airworthiness authority, is responsible for assessing information provided by the State of Design and issuing corresponding Australian ADs when necessary. The ADs apply to specific aircraft types and are not subject to public consultation or a Regulatory Impact Statement as they are directly linked to international obligations and existing directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to create regulations for the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003 (s 6).
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are multifaceted. The State of Design, such as the United States in the case of Learjet aircraft, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in this case Australia, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD, such as AD 2005-13-36 for Learjet models, CASA must review this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design. This ensures compliance with international standards and maintains safety across all jurisdictions.
Failure to comply with the ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, and criminal penalties, which may include imprisonment. The exact penalties depend on the severity and frequency of the breach, as well as other relevant circumstances. The Act provides CASA with the authority to enforce these regulations and take action against entities that fail to adhere to the mandated safety standards.
In summary, the key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the continuing airworthiness of aircraft through the issuance of ADs. The obligations on both the State of Design and the State of Registry are clear, with CASA playing a crucial role in enforcing these directives in Australia. Any breaches of these regulations can lead to severe civil and criminal penalties, reinforcing the importance of compliance with the mandated safety standards.