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 2009-0114 affecting Dowty Propellers model R408/6-123-F/17 propellers. The EASA acts on behalf of the United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PR/40, which will become effective on 27 August 2009..
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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation in the interests of safety, efficiency, and orderly development. It provides a legislative framework that enables the establishment of regulations, such as the Civil Aviation Safety Regulations 1998, which in turn empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments designed to ensure that aircraft and aeronautical products meet safety standards, thereby addressing the need for continued airworthiness of aircraft as mandated by international agreements like the Convention on International Civil Aviation. CASA's role in issuing Australian airworthiness directives, such as AD/PR/40 in response to an EASA directive, underscores the importance of harmonising national regulations with international obligations to maintain high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, which operate under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered within Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly those of the State of Design and the State of Registry. CASA, as the national airworthiness authority, is responsible for assessing ADs issued by the State of Design and issuing corresponding Australian ADs when necessary. For instance, CASA issued AD/PR/40 in response to an EASA directive affecting Dowty Propellers model R408/6-123-F/17 propellers, reflecting Australia’s adherence to international standards without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, authorises the Governor-General to create regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. They serve as a means for states to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation.
Under this legislation, the State of Design, which is the country where an aircraft type is designed, holds primary responsibility for ensuring the aircraft's continuing airworthiness. The State of Registry, the country where the aircraft is registered, must implement or adopt requirements to maintain airworthiness. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft comply with international safety standards.
Compliance with these airworthiness directives is mandatory for aircraft operators and owners. They are required to follow the ADs issued by CASA to maintain the airworthiness of their aircraft. Failure to comply with these directives can result in serious safety risks and may lead to penalties or enforcement actions by CASA. The obligations imposed on the parties include timely notification of any non-compliance to CASA, adherence to the specified maintenance schedules and procedures, and ensuring that all required inspections and repairs are conducted as per the ADs.
Breach of the requirements set out in these airworthiness directives can lead to various consequences. Civil penalties may be imposed, including fines, for non-compliance with the ADs. In severe cases, CASA may take enforcement actions such as grounding the aircraft, suspending or revoking an aircraft's certificate of airworthiness, or even prosecuting the operator or owner for criminal offences. The maximum penalties for non-compliance can vary, but they are designed to ensure that air safety is prioritised and that any risks are mitigated effectively.