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 German Luftfahrt Bundesamt (LBA) has issued AD D-2005-248R1 affecting Omega/Quick Personal Parachutes. Germany is the State of Design for these parachutes. CASA has assessed this AD and has issued Australian AD/PARA/14, Amendment 1, which will become effective on 29 July 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 was enacted to regulate the safety and efficiency of civil aviation in Australia, providing a legislative framework that ensures the continued safety and airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established, among which regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulatory mechanism aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Consequently, CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by States of Design and, when appropriate, issuing corresponding Australian ADs to ensure compliance with international safety standards.
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) for specific types of aircraft or aeronautical products, as per the requirements outlined in the Civil Aviation Act 1988. These ADs are instrumental in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the Convention on International Civil Aviation. The authority to issue such directives is extended to CASA to meet Australia’s obligations under Annex 8 of the Convention, which mandates that the State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the State of Registry. In the instance of the Omega/Quick Personal Parachutes, CASA has issued AD/PARA/14, Amendment 1, in response to an AD from the German Luftfahrt Bundesamt, thereby formalising Australia's commitment to international safety standards. Given the nature of these regulations, no public consultation is required, and they do not necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 allows CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft by mandating specific requirements or actions. Notably, under subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, assesses any ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs. For instance, following an AD issued by the German Luftfahrt Bundesamt (LBA) concerning Omega/Quick Personal Parachutes, CASA issued Australian AD/PARA/14, Amendment 1, effective from 29 July 2005. This AD supersedes the previous one and reflects the obligations under the Convention on International Civil Aviation.
The process for issuing ADs, particularly in response to international directives, does not require public consultation as determined by the Office of Regulatory Review. Furthermore, such ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office issued this particular AD under subsection 84A(2) of the Act. This procedural structure ensures that airworthiness directives are issued efficiently and in alignment with international safety standards.
Failure to comply with an airworthiness directive can lead to significant legal and safety repercussions. For instance, operating an aircraft that does not meet the requirements outlined in an AD can result in severe penalties, including fines and imprisonment for the operator. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against non-compliance, including grounding the aircraft in question. Additionally, any person who contravenes an AD can be subject to civil or criminal penalties, with the specific consequences depending on the nature and severity of the breach. For instance, in more severe cases, the penalties can include fines of up to $1.1 million and imprisonment for up to five years.