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, the Civil Aviation Safety Authority (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.
In 1989 CASA issued AD/P68/27 specifying a periodic inspection on Partenavia P68 aircraft. In 2001 the Italian aviation authority ENAC issued AD 2001-315 specifying a once-only inspection to achieve a similar objective to AD/P68/27. Italy is the State of Design for this aircraft type. CASA has reviewed AD/P68/27 and has decided to amend it to match the Italian AD 2001-315. The amendment will become effective on 28 August 2008.
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, Airframes 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 Australian Parliament, provides the framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that align with the Act's objectives, particularly in the interest of air navigation safety. One such regulation, under section 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 ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and legislative oversight as per the Legislative Instruments Act 2003. The issuance of these directives is in line with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its international obligations for aircraft airworthiness. The ADs are crucial for maintaining the continuing airworthiness of aircraft, with the State of Registry holding primary responsibility under Annex 8 of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, aiming to maintain the continuing airworthiness of aircraft registered in Australia. As per the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the airworthiness of an aircraft type, while the State of Registry must implement measures to ensure the continuing airworthiness of individual aircraft. CASA, acting on behalf of Australia, reviews and issues ADs in response to directives from the State of Design to align with international safety standards. This particular AD, issued in response to an Italian AD, is effective from 28 August 2008 and does not require public consultation or a Regulatory Impact Statement due to its international regulatory obligations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to establish regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901, and as legislative instruments according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 are multifaceted. The State of Design, responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness. The State of Registry, which is Australia in this context, is tasked with developing or adopting requirements to ensure the ongoing airworthiness of aircraft on its register. When an AD is issued by another State of Design, such as Italy in this case, CASA must assess this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements of the originating State of Design. This ensures consistency and compliance with international safety standards.
The implications of failing to comply with these regulations are significant. Non-compliance with an AD could result in the aircraft being deemed unairworthy, which could lead to severe consequences, including civil or criminal penalties. The maximum penalties for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can include substantial fines and imprisonment, depending on the severity and intent behind the breach. These penalties underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.