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 has issued AD F-2007-005 R1 affecting Parachute Shop Vega 120 reserve parachutes. France is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PARA/15, Amendment 1, which will become effective on 30 November 2007. 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 Manager, Airframes 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 establish a comprehensive regulatory framework governing civil aviation in Australia, ensuring safety and efficiency within the industry. One of the significant gaps it aimed to address was the need for a unified approach to airworthiness and safety regulations, particularly in response to international obligations under conventions such as the Convention on International Civil Aviation. Under this Act, the Governor-General has the authority to make regulations, such as the Civil Aviation Safety Regulations 1998, to further these objectives. The Australian Civil Aviation Safety Authority (CASA) operates under these regulations to issue airworthiness directives (ADs), which are legislative instruments designed to maintain the continuing airworthiness of aircraft. This approach aligns with international standards and ensures that Australian aviation practices meet global safety benchmarks. The ADs are issued in response to international directives or identified safety issues, and while they are subject to disallowance, they do not typically require public consultation or a Regulatory Impact Statement, as they are based on international obligations and safety imperatives.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation serves to uphold the safety standards of air navigation in Australia. The application of these directives extends to all aircraft registered in Australia, regardless of the aircraft's country of origin, and to any aeronautical products used in Australian-registered aircraft. ADs are integral in maintaining the continuing airworthiness of aircraft, with the State of Registry responsible for ensuring these standards are met. In instances where a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian-registered aircraft comply with international safety standards as outlined in the Convention on International Civil Aviation. Exemptions or exclusions from these regulations are not specified in the provided text, but they typically depend on the specific circumstances of the aircraft and the nature of the directive. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, given their technical nature and the international obligations under the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally binding instruments that mandate compliance with safety standards, as detailed in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as Australia, is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction. In this context, CASA assesses and issues Australian ADs in response to directives from the State of Design to comply with international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by ADs include adherence to the specified safety requirements. CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. For instance, in the case of the French DGAC issuing AD F-2007-005 R1 concerning Parachute Shop Vega 120 reserve parachutes, CASA assessed the directive and issued Australian AD/PARA/15, Amendment 1, which mandates compliance with the specified safety measures. The State of Registry must ensure that all aircraft registered within its jurisdiction comply with the ADs issued by CASA.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish specific consequences for non-compliance with ADs. Failure to adhere to the mandated safety requirements can result in civil or criminal penalties. While the specific penalties are not detailed in the provided text, non-compliance with ADs generally leads to enforcement actions by CASA, which can include fines, suspension, or revocation of airworthiness certificates. Such actions are taken to ensure that aircraft and aeronautical products meet the necessary safety standards to protect public safety and maintain the integrity of the aviation industry.