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 European Aviation Safety Authority (EASA) has issued AD 2006-0160-E affecting Parachutes de France Techno 240-B parachutes. EASA acts on behalf of France, the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/PARA/16, Amendment 1, which will become effective on 14 June 2006. 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, enacted by the Australian Parliament, was introduced to provide a comprehensive legislative framework for the regulation of civil aviation safety within Australia. This Act empowers the Governor-General to create regulations that support the Act's overarching objective of ensuring the safety of air navigation. One such regulation is the issuance of airworthiness directives (ADs), which are critical tools for maintaining the continuing airworthiness of aircraft and aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that must be assessed and, if necessary, adopted by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The policy objective is to ensure that Australian aircraft meet international safety standards, particularly through the implementation of ADs issued by the relevant State of Design, such as the recent Australian AD/PARA/16, Amendment 1, issued in response to an AD from the European Aviation Safety Authority concerning specific parachutes.
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. These ADs serve as legislative instruments and are integral to ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The authority to issue ADs is exercised by CASA, which acts as Australia's national airworthiness authority, and these directives apply to aircraft registered in Australia, thereby impacting the State of Registry's responsibility for ensuring airworthiness. The issuance of an AD is contingent upon the assessment of corresponding directives from the State of Design, such as the European Aviation Safety Authority (EASA) for equipment designed in France. For instance, following EASA's issuance of AD 2006-0160-E concerning Parachutes de France Techno 240-B parachutes, CASA issued Australian AD/PARA/16, Amendment 1, effective from 14 June 2006. This AD supersedes the previous version and is made without public consultation due to Australia's international obligations and the direct response to a State of Design directive. The Office of Regulatory Review has concluded that such ADs do not require a Regulatory Impact Statement, and the AD is issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument as defined in section 6 of the Legislative Instruments Act 2003.
Obligations imposed by the Act and the Regulations on the parties involved include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type. This obligation is detailed in Annex 8 to the Convention on International Civil Aviation, where it is stipulated that the State of Design must provide any necessary information to appropriate States of Registry to maintain airworthiness. In Australia, the State of Registry, represented by CASA, must assess the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. This ensures that Australian aircraft meet international safety standards.
Failure to comply with the ADs may result in various civil and criminal consequences. Although the specific penalties are not outlined in the provided text, it is reasonable to infer that non-compliance with ADs could lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, and potential legal action. The severity of these penalties can vary depending on the nature and extent of the non-compliance.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for issuing and enforcing ADs to ensure the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, plays a crucial role in assessing and implementing these directives. The obligations on States of Design and Registry, as well as potential consequences for non-compliance, underscore the importance of adhering to these regulations for the safety of air navigation.