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 French DGAC issued 91-176(AB), affecting Eros MA 10, MB 10 and MC 10 series aircraft oxygen masks, in 1991. France is the State of Design for these masks. As a result of a request from industry, CASA has amended the equivalent Australian AD to include an alternate method of compliance. The amended AD, AD/OXY/7, Amendment 1, will become effective on 13 March 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for civil aviation safety in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The policy objective of this legislation is to ensure that aircraft maintain their airworthiness through effective regulatory oversight and adherence to international safety standards. The authority to issue ADs, as a legislative instrument, is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, establishing these directives as legislative instruments under the Legislative Instruments Act 2003. This legislation applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, including airlines, aircraft manufacturers, and maintenance service providers. Geographically, the application of the ADs is national, as CASA acts as Australia's central authority responsible for ensuring the continuing airworthiness of aircraft registered within its jurisdiction. The ADs extend to mandating compliance with international standards set by the International Civil Aviation Organization (ICAO) and the specific State of Design, ensuring that Australian-registered aircraft meet global safety standards. The authority to issue ADs is exercised in response to safety concerns identified by the State of Design, such as the French DGAC’s AD 91-176(AB) concerning certain oxygen masks, which led to CASA issuing its own AD/OXY/7, Amendment 1. Notably, the issuance of ADs is not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given their alignment with international obligations and safety imperatives.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) under regulation 39.001. Section 98 of the Act authorises the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and therefore constitutes a legislative instrument in accordance with the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure continuing airworthiness, and ADs are the primary means through which this information is disseminated. The State of Registry is also responsible for the continuing airworthiness of individual aircraft, requiring it to develop or adopt requirements to maintain airworthiness. In the context of Australia, CASA must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
In terms of compliance and enforcement, any breach of an AD issued under the Civil Aviation Safety Regulations 1998 may result in various civil or criminal penalties, depending on the severity of the non-compliance and the specific provisions of the AD. While the specific penalties are not detailed in the provided text, they generally include fines or other sanctions that could be imposed under aviation safety laws. Additionally, failure to adhere to an AD may lead to the grounding of an aircraft, which could have significant operational and financial consequences for the aircraft operator.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a regulatory framework for the issuance and enforcement of airworthiness directives. The obligations of the States of Design and Registry are clearly defined, and CASA’s role in assessing and issuing ADs is critical to ensuring the continuing safety of aircraft. The consequences of non-compliance with ADs can be severe, encompassing both civil and criminal penalties as well as operational impacts.