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 issued AD 2005-16-09, affecting Learjet 24 and 25 series aircraft. The United States is the State of Design for this series of aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/LEARJET/36 Amendment 1. The amended AD will become effective on 27 October 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 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 legal framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations necessary 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 mandate specific safety requirements for aircraft types or aeronautical products. As Australia’s national airworthiness authority, the Civil Aviation Safety Authority (CASA) is responsible for issuing ADs in response to international obligations and in coordination with the State of Design, which holds the overall responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. In accordance with these international standards, CASA issued AD/LEARJET/36 Amendment 1 to address safety directives initially raised by the United States Federal Aviation Administration (FAA) concerning Learjet 24 and 25 series aircraft. This AD was made in accordance with the Act and is effective from 27 October 2005, reflecting Australia’s commitment to maintaining global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to regulation 39.001, CASA is empowered to issue ADs for specified kinds of aircraft or aeronautical products to ensure compliance with airworthiness standards. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901, and their creation adheres to the requirements of the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, has the responsibility to assess and mandate these directives when necessary. The amended AD/LEARJET/36 Amendment 1, effective from 27 October 2005, exemplifies CASA's response to a corresponding directive issued by the United States Federal Aviation Administration for Learjet 24 and 25 series aircraft. The ADs are issued without public consultation as they are a direct response to international obligations and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, as per section 98, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States in accordance with Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia comply with international standards and maintain their airworthiness.
The regulations also outline the process for issuing ADs in response to international obligations and specific requests from industry. For example, the United States Federal Aviation Administration (FAA) issued AD 2005-16-09 for Learjet 24 and 25 series aircraft, leading CASA to amend the equivalent Australian AD to AD/LEARJET/36 Amendment 1. The AD became effective on 27 October 2005, replacing the previous issue. It is important to note that as these ADs are issued in response to international obligations and do not require consultation with the Australian public, they do not necessitate a Regulatory Impact Statement. The AD was 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.
In terms of consequences for non-compliance, the regulations do not explicitly state penalties or criminal/civil consequences for breaching ADs. However, non-compliance with airworthiness directives can potentially lead to serious safety issues and may result in enforcement actions by CASA, which could include fines, suspension, or revocation of airworthiness certificates, and other regulatory measures to ensure compliance with safety standards.