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 United States has issued AD 2005-18-20 affecting propellers fitted with BF Goodrich “Fastprop” de-icer boots. The United States is the State of Design for the propellers these de-icers are fitted to. CASA has assessed this AD and has issued Australian AD/PROP/6, which will become effective on 22 December 2005.
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, New Technologies and Systems, 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 Commonwealth Parliament, serves to regulate and oversee civil aviation activities in Australia, focusing on ensuring safety and efficiency within the aviation sector. This Act empowers the Governor-General to issue regulations that uphold the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing further detail on operational standards and safety requirements. One significant aspect of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. ADs are legislative instruments that mandate specific actions to be taken on particular aircraft types or products to maintain safety standards, in accordance with Australia's obligations under international conventions such as the Convention on International Civil Aviation. The policy objective behind these directives is to align with international safety standards and ensure that aircraft registered in Australia meet necessary safety requirements, thereby protecting the public and enhancing the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing safety of aircraft and aeronautical products within Australia. These regulations apply to all aircraft registered in Australia and to aeronautical products manufactured, maintained, or repaired within Australia. The ADs, which are legislative instruments, are issued by CASA in response to continuing airworthiness information provided by the State of Design, which has the primary responsibility for the airworthiness of an aircraft type. When an AD is issued by a State of Design, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD to mandate compliance with the original directive. This regulatory framework aligns with Australia's obligations under the Convention on International Civil Aviation, and as such, these ADs are made without public consultation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These directives are issued to ensure that the continuing airworthiness of aircraft is maintained in accordance with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. Regulation 39.001(5) further specifies that ADs are legislative instruments under the Acts Interpretation Act 1901 and must adhere to the Legislative Instruments Act 2003. In practical terms, this means that CASA, as Australia’s national airworthiness authority, has the authority to issue these directives based on assessments of necessary safety measures.
The obligations placed on the parties governed by these provisions are significant. The State of Design, which is the State where the aircraft or aeronautical product was designed, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing all necessary information to ensure that the aircraft remain airworthy. Similarly, the State of Registry, which is the State where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. When a State of Design issues an AD, CASA must evaluate the information provided and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and related provisions carry potential civil and criminal consequences for non-compliance. While the specific penalties for breaching ADs are not detailed in the provided text, it is clear that failing to comply with these directives can result in severe repercussions. Non-compliance could potentially lead to aircraft being grounded or operations being suspended, which could have significant safety and financial implications. Under the legislative framework, CASA has the authority to take enforcement actions against entities that fail to adhere to the airworthiness directives, ensuring that safety standards are upheld across the aviation sector.
In summary, the key provisions of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower CASA to issue ADs for maintaining the continuing airworthiness of aircraft. These directives are legislative instruments that require compliance from both the States of Design and Registry. Failure to comply with these airworthiness directives can result in significant civil and potentially criminal consequences, reinforcing the importance of adhering to these safety measures.