CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 ENAC has issued AD 2004-522 affecting VulcanAir P68 (formerly Partenavia) aircraft. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/P68/53, which will become effective on 8 February 2005.
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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety of air navigation and the continued airworthiness of aircraft. Under the authority of this Act, the Governor-General has the power to make regulations, such as those found in the Civil Aviation Safety Regulations 1998, to further the aims of the Act. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining the safety standards required under international agreements, such as Annex 8 to the Convention on International Civil Aviation, and are issued in response to actions taken by the aircraft's State of Design. This legislative framework ensures that Australia adheres to its international obligations while safeguarding the safety and airworthiness of aircraft registered in the country.
Scope and Application
The Civil Aviation Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as per regulation 39.001. These directives, including their equivalents, are a common mechanism for communicating ongoing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the relevant State of Registry. Australia, through CASA as its national airworthiness authority, is obligated to assess such information and, if necessary, issue its own ADs to enforce the requirements set by the State of Design on aircraft registered in Australia. The issuance of these ADs is a legislative instrument under the Legislative Instruments Act 2003, and while they do not require public consultation or a Regulatory Impact Statement, they are subject to disallowance as per the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of CASA (Civil Aviation Safety Authority) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives play a crucial role in maintaining the continuing airworthiness of aircraft, a responsibility that ultimately rests with the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to ensure the airworthiness of a particular aircraft type, while the State of Registry is responsible for implementing these requirements. In Australia, CASA acts as the national airworthiness authority, and when a State of Design issues an AD affecting aircraft on the Australian Register, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
One example of this process is the AD issued by ENAC (the Italian Civil Aviation Authority) concerning VulcanAir P68 aircraft. Italy, as the State of Design, issued AD 2004-522. CASA assessed this directive and subsequently issued Australian AD/P68/53, which will take effect on 8 February 2005. Given that this AD is a response to an international obligation under the Convention on International Civil Aviation and the specific AD from Italy, there has been no requirement for public consultation in Australia on this particular directive. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
The issuance of AD/P68/53 was made by the Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in compliance with subsection 84A(2) of the Act. This directive mandates specific actions or conditions to be met by the holders of affected aircraft to ensure continued airworthiness. Failure to comply with these requirements can lead to severe consequences, including potential enforcement actions by CASA, which may include grounding of the aircraft, suspension of operations, or other regulatory penalties. The specific obligations and requirements are detailed within the AD itself and must be adhered to by all relevant parties, ensuring the safety and compliance of the aircraft within Australian airspace.