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 2009-11-13 affecting Learjet 45 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/LJ45/13, which will become effective on
30 July 2009.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the framework for ensuring the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, and in particular, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, further delegate authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft and are a legislative instrument as defined by the Legislative Instruments Act 2003. The ADs align with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing such information and issuing corresponding Australian ADs when necessary, thereby ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft, mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia and mandates CASA to assess foreign ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to enforce these safety requirements within the Australian jurisdiction. The ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The scope of these regulations extends nationally, ensuring compliance with international standards and enhancing the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) (s. 98; 39.001). An AD is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types. It mandates specific requirements or actions to address safety concerns identified with particular aircraft models or aeronautical products. For instance, CASA has issued Australian AD/LJ45/13 in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Learjet 45 series aircraft. This process aligns with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the aircraft's continuing airworthiness on its registry.
Under these regulations, CASA, as Australia's national airworthiness authority, has specific obligations when issuing ADs. CASA must assess the ADs issued by the State of Design, such as the FAA in this case, to determine their applicability and necessity for Australian-registered aircraft. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to mandate the required actions or modifications. This ensures that Australian aircraft comply with international safety standards and maintain airworthiness as per the Convention on International Civil Aviation. The AD/LJ45/13 is an example of this process, where CASA has evaluated the FAA's AD 2009-11-13 and issued an equivalent directive for Learjet 45 series aircraft registered in Australia.
Failure to comply with an AD can result in significant legal consequences. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 states that ADs are disallowable instruments under the Acts Interpretation Act 1901, indicating their legal enforceability. Civil penalties can be imposed for non-compliance, including fines, which may be substantial depending on the severity of the violation. Furthermore, CASA can take enforcement actions against aircraft operators who fail to adhere to the mandated requirements, potentially leading to grounding of the aircraft until compliance is achieved. The legislative framework ensures that all parties involved in civil aviation, including aircraft manufacturers, operators, and regulatory authorities, adhere to stringent safety standards to maintain the highest levels of air safety.