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 New Zealand CAA has issued AD DCA/R2000/19 affecting Robin R 2000 series aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ROBIN/13, Amendment 1, which will become effective on 17 January 2008. This AD cancels and replaces the previous issue.
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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations under section 98, with a focus on the ongoing safety and airworthiness of aircraft. This legislation establishes the framework within which the Civil Aviation Safety Regulations 1998 operate, particularly under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, in alignment with international standards set by the Convention on International Civil Aviation.
In response to an airworthiness directive issued by New Zealand, the State of Design for the Robin R 2000 series aircraft, CASA has issued Australian AD/ROBIN/13, Amendment 1, effective from 17 January 2008. This action is mandated by Australia's obligations under the Convention on International Civil Aviation and is carried out without the need for public consultation, as determined by the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative requirements of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products in order to ensure the continuing airworthiness of those types as mandated by Annex 8 to the Convention on International Civil Aviation. The issuance of ADs is a regulatory instrument that falls under the category of disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs issued by CASA are responses to continuing airworthiness information provided by the State of Design and must be implemented by the State of Registry of the aircraft in question. In this instance, CASA has issued Australian AD/ROBIN/13, Amendment 1, following the assessment of a corresponding AD issued by the New Zealand Civil Aviation Authority for the Robin R 2000 series aircraft, given that New Zealand is the State of Design. This particular AD, issued under the authority vested in the Manager, Airframes within CASA's Airworthiness Engineering Branch, is in line with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, include section 98, which allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies these ADs as legislative instruments, while subregulation 39.001(5) aligns them with the disallowable instruments defined under section 46A of the Acts Interpretation Act 1901.
These regulations impose obligations on CASA, as Australia's national airworthiness authority, to assess airworthiness directives issued by the State of Design and to issue corresponding Australian ADs if necessary. The State of Registry, in this case CASA, is also responsible for ensuring the continuing airworthiness of individual aircraft registered in Australia. This includes implementing the requirements set out in any relevant ADs. The State of Design, here the New Zealand Civil Aviation Authority, is responsible for providing continuing airworthiness information to the States of Registry, ensuring compliance with international standards set by Annex 8 to the Convention on International Civil Aviation.
The issuance of Australian AD/ROBIN/13, Amendment 1, is a direct response to New Zealand's AD DCA/R2000/19 concerning the Robin R 2000 series aircraft. Given that this AD is issued in response to international obligations and specific design state directives, no public consultation has been conducted. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD is issued under the authority granted by subsection 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA.
Failure to comply with an airworthiness directive can result in significant consequences. Civil penalties can include fines and imprisonment, while criminal penalties may also apply depending on the severity of the breach. Specifically, under section 35 of the Civil Aviation Act 1988, a person who contravenes an AD can be fined up to $22,200 for individuals and $111,000 for bodies corporate, and may also face imprisonment for up to two years. These penalties underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.