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 FAA has issued AD 2007-26-12 affecting Robinson R44 model rotorcraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/R44/22, which will become effective on 18 January 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 Acting 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 for the regulation of civil aviation safety in Australia, addressing the need for a comprehensive legal framework to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft types in line with international obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, issues ADs when necessary to comply with international standards and to mandate safety requirements for aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The application of these regulations spans across all aircraft types registered in Australia, ensuring compliance with international standards as per Annex 8 of the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft type is designed, holds primary responsibility for issuing ADs, while the State of Registry, in this case, CASA, must assess and potentially issue corresponding Australian ADs to mandate the necessary safety measures. This jurisdictional scope ensures that Australian-registered aircraft meet both domestic and international safety standards, thereby protecting the public and maintaining the integrity of the civil aviation system.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and further defined by the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). This regulatory framework ensures that ADs are issued in accordance with international standards set by Annex 8 of the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of aircraft types and must share necessary information with the States of Registry.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to provide continuing airworthiness information to the relevant States of Registry. Specifically, the State of Design must issue ADs that inform and guide the States of Registry in maintaining the airworthiness of aircraft registered within their jurisdiction. CASA, as Australia’s national airworthiness authority, must evaluate 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 aircraft registered in Australia comply with international safety standards and practices.
Failure to comply with airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant penalties. Civil penalties may include fines up to $22,200 per breach, while serious breaches may lead to criminal penalties, including fines of up to $222,000 and imprisonment for up to 2 years. These stringent measures underscore the importance of adhering to ADs in maintaining the safety and airworthiness of aircraft within Australia.