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 2006-10-15 affecting Bombardier Learjet 45 series aeroplanes. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/LJ45/9 which will become effective on 5 June 2006.
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, enacted by the Australian Parliament, aims to provide a robust framework for civil aviation safety, among other objectives. To implement the provisions of this Act, the Civil Aviation Safety Regulations 1998 were introduced, enabling the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, as they mandate specific requirements based on safety assessments. The legislation ensures Australia's compliance with international standards set by the International Civil Aviation Organization (ICAO). In response to an AD issued by the United States Federal Aviation Administration (FAA) for Bombardier Learjet 45 series aeroplanes, CASA has issued an Australian AD/LJ45/9, effective from 5 June 2006, without public consultation, as it aligns with international obligations and safety protocols. This AD is a legislative instrument made under the authority of CASA, fulfilling Australia's responsibility under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products to ensure the safety of air navigation, as mandated by the Civil Aviation Act 1988. Such directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the Legislative Instruments Act 2003. These ADs, a form of continuing airworthiness information, are issued in line with Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the ongoing airworthiness of an aircraft type, necessitating the provision of pertinent information to States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate such information and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. For instance, following the issuance of AD 2006-10-15 by the United States FAA concerning Bombardier Learjet 45 series aeroplanes, CASA has issued Australian AD/LJ45/9, which will take effect on 5 June 2006. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and in response to a directive from the relevant State of Design, no public consultation has occurred. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
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). Under section 98 of the Civil Aviation Act, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to issue ADs when necessary to maintain the continuing airworthiness of aircraft registered in Australia. This stems from Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring continuing airworthiness on the State of Design and the State of Registry. Specifically, the State of Design must provide necessary information to the State of Registry to ensure the safety of aircraft types, and the State of Registry must implement measures to maintain the airworthiness of individual aircraft. In the case of ADs issued by the United States Federal Aviation Administration (FAA), such as AD 2006-10-15 for the Bombardier Learjet 45 series, CASA must assess the information and issue an equivalent Australian AD if necessary, as seen with AD/LJ45/9, which was issued in response to the FAA directive.
Breaching the provisions of an AD can result in serious consequences. Under section 134 of the Civil Aviation Act 1988, an operator who fails to comply with an AD can be subject to penalties. Specifically, section 134(1) states that an operator who contravenes a direction given in an AD is liable to a penalty of up to 500 penalty units for an individual and up to 2,500 penalty units for a body corporate. Additionally, CASA has the authority to take enforcement actions, which may include grounding the aircraft until compliance is demonstrated. Failure to comply with an AD can also result in safety risks, potentially leading to accidents or incidents that could have severe ramifications for passengers, crew, and the public.