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 2007-09-03 affecting Learjet Model 45 series aeroplanes. The United States is the State of Design for these aeroplanes types. CASA has assessed this AD and has issued Australian AD/LJ45/10 which will become effective on 5 July 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 by the Australian Parliament to ensure the safety and efficiency of civil aviation within Australia. One of its provisions allows the Governor-General to make regulations for the purposes of the Act, particularly to enhance the safety of air navigation. 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, with these directives being considered legislative instruments under the Acts Interpretation Act 1901. The policy objective behind these regulations is to ensure that the continuing airworthiness of aircraft aligns with international standards as set out in Annex 8 to the Convention on International Civil Aviation. This legislation was introduced to address the need for standardised safety measures and information sharing among States of Design and Registry to maintain global civil aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs serve as legislative instruments and are formulated to uphold the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to safety concerns identified by the State of Design, which has the overarching responsibility for the airworthiness of a particular aircraft type. Upon receipt of such directives from the State of Design, CASA, as Australia’s national airworthiness authority, evaluates the information and, if necessary, issues corresponding Australian ADs to ensure compliance with the requirements stipulated by the State of Design. This legislative framework ensures that Australian-registered aircraft maintain the necessary safety standards in alignment with international conventions and practices.
Key Provisions
The Civil Aviation Act 1988 and the associated regulations, particularly under section 98, empower the Governor-General to enact regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the safety and airworthiness of aircraft, ensuring they meet the required standards set forth by the State of Design and the State of Registry. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are issued under the broader framework of Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design bears the responsibility for the continuing airworthiness of an aircraft type. The State of Design must provide any necessary information to the States of Registry to ensure the ongoing airworthiness of the aircraft. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of the aircraft registered within its territory. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, assesses this information and, if deemed necessary, issues an Australian AD to enforce the requirements set by the State of Design.
In the case of Learjet Model 45 series aeroplanes, the United States Federal Aviation Administration (FAA) issued AD 2007-09-03, as the United States is the State of Design for these aeroplanes. CASA assessed this AD and subsequently issued Australian AD/LJ45/10, which is set to become effective on 5 July 2007. This AD was issued in compliance with Australia's obligations under the Convention on International Civil Aviation and as a response to the AD issued by the relevant State of Design. Consequently, no public consultation was required for this AD, and the Office of Regulatory Review determined that it did 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.
Under the Civil Aviation Safety Regulations 1998, entities such as aircraft manufacturers, operators, and maintenance providers must comply with the requirements outlined in the ADs issued by CASA. These entities are obligated to follow the specified maintenance, repair, or operational procedures to ensure the aircraft remain airworthy. Failure to comply with the ADs can result in severe civil or criminal consequences. The Act and the associated regulations include provisions for penalties, including fines and imprisonment, for non-compliance. The maximum penalties may vary depending on the severity of the breach and the specific provisions of the Act or the relevant regulations. These legal consequences underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.