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 US FAA has issued AD 2007-12-21 affecting Hawker Beechcraft Corporation 390 series aeroplanes. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/PREMIER/3, which will become effective on 5 November 2007.
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 Acting Manager, Systems in the Airworthiness Engineering Branch, 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 regulate and ensure the safety of air navigation in Australia. The Act provides the framework for the creation of safety regulations, including the ability to issue airworthiness directives (ADs) under section 98. Complementing this, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the process and requirements for issuing ADs. These directives serve as a crucial mechanism to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The Act and its associated regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, ensuring compliance with international standards and addressing any safety concerns that may arise. The legislative process for these directives ensures they are enacted with due consideration of safety and regulatory alignment, without the need for public consultation or a Regulatory Impact Statement, as they are based on international obligations and assessments.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which apply to specific types of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft and are a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation and are reflective of the State of Design's responsibilities as outlined in Annex 8 of the Convention. The State of Registry, which in this case is Australia, must ensure the continuing airworthiness of aircraft and thus, when an AD is issued by the State of Design, CASA must evaluate and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The ADs do not require public consultation or a Regulatory Impact Statement, and they are issued by CASA in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation (section 98, regulation 39.001). According to these provisions, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products to maintain or restore airworthiness standards. Each AD is considered a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design for a particular aircraft type bears the primary responsibility for ensuring the aircraft's continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to maintain airworthiness. Similarly, the State of Registry, which in Australia is CASA, must develop or adopt appropriate requirements to ensure that individual aircraft remain airworthy. When the State of Design issues an AD, CASA is required to evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
Failure to comply with an airworthiness directive can result in serious consequences. Non-compliance with an AD can lead to the grounding of an aircraft or the prohibition of certain operations, which may affect both the operational capabilities of airlines and the safety of passengers. While specific penalties for non-compliance with ADs are not detailed in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, general aviation regulations and other aviation safety laws may impose fines, operational restrictions, or other enforcement actions against non-compliant entities. It is crucial for aviation operators to adhere to ADs to avoid potential legal repercussions and to maintain the high safety standards mandated by Australian aviation law.