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 2008-0174 affecting Spekon Sächsische Spezialkonfektionen GmbH RE-5L Emergency Parachutes. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PARA/19, which will become effective on 18 September 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the safety, efficiency and orderly development of civil aviation in Australia. The Act aims to ensure the safety and efficiency of civil aviation and to protect the public from the risks associated with civil aviation. The Civil Aviation Safety Regulations 1998 are subsidiary legislation made under the Act and provide detailed provisions for the regulation of civil aviation safety. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. CASA issued Australian AD/PARA/19 in response to an airworthiness directive issued by the European Aviation Safety Authority (EASA) for Spekon Sächsische Spezialkonfektionen GmbH RE-5L Emergency Parachutes. The AD was issued under the authority of the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD will become effective on 18 September 2008.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain and ensure their airworthiness. These ADs are considered legislative instruments and are subject to disallowance. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia and must ensure compliance with the ADs issued by the State of Design or those adopted from other ICAO Contracting States. For instance, CASA issued Australian AD/PARA/19 in response to an airworthiness directive from the European Aviation Safety Authority regarding emergency parachutes. This AD was issued in accordance with Australia’s international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended and in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are formal instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Essentially, ADs are regulatory tools that ensure the continuing airworthiness of aircraft, as mandated by international conventions.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to rigorously assess any ADs issued by the State of Design. This includes evaluating the necessity and appropriateness of issuing an Australian AD that mandates the requirements of the State of Design. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type. When such an AD is issued, CASA must ensure that Australian aircraft comply with these international standards. Moreover, the State of Registry, which in this context is Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the requirements set forth in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines. The specific penalties are not outlined in the given text, but they can be severe, given the critical nature of airworthiness. Additionally, failure to adhere to an AD can result in criminal charges, particularly if the non-compliance leads to an aviation accident or incident. The exact penalties would depend on the severity of the breach and the resultant consequences, including potential imprisonment for those found guilty of serious infractions.
The regulatory process for issuing ADs is streamlined to ensure timely compliance with international safety standards. For example, the European Aviation Safety Authority (EASA) issued AD 2008-0174 concerning the Spekon Sächsische Spezialkonfektionen GmbH RE-5L Emergency Parachutes. CASA evaluated this directive and issued Australian AD/PARA/19, effective from 18 September 2008. Because this AD was issued in response to international obligations and a directive from the relevant State of Design, it did not require public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that Australian aviation remains compliant with international safety standards without unnecessary bureaucratic delays.