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.
CASA issued AD/ROBIN/21 Amendment 1, affecting Robin R2000 series aircraft, in 1995. As a result of a request from industry, CASA has amended this Australian AD to remove the repetitive inspection requirements for aircraft with the rear bulkhead strengthening modification incorporated. The amended AD, AD/ROBIN/21 Amendment 2, will become effective on 12 February 2009. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as the industry requested the review of the Airworthiness Directive and the change to the Airworthiness Directive allows alleviation from the repetitive inspections requirement for aircraft with the rear bulkhead strengthening modification incorporated.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the acting Manager, Airframes and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety and regulation. One of the critical components of this Act is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as a legislative instrument to mandate safety measures for aircraft and aeronautical products, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The objective of this regulatory framework is to maintain the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. In practice, the Civil Aviation Safety Authority (CASA) acts on behalf of Australia to issue these directives, ensuring they meet the safety requirements stipulated by both domestic and international standards. This legislative approach ensures that all aircraft operating in Australian airspace adhere to stringent safety protocols, thereby protecting public safety and maintaining the integrity of the nation's aviation industry.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory requirements. Under this Act, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations. These directives are legislative instruments and are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Registry for an aircraft is responsible for its ongoing airworthiness, and CASA, as Australia's national airworthiness authority, must implement relevant directives issued by the State of Design. The ADs are tailored to specific aircraft types and may be amended to reflect industry feedback or new safety findings, as evidenced by the recent amendment to AD/ROBIN/21 affecting Robin R2000 series aircraft, which alleviates repetitive inspection requirements for aircraft with certain modifications.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, mandating it to provide necessary information to ensure compliance with airworthiness standards in other States of Registry. The State of Registry, on the other hand, must develop or adopt its own requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess international ADs and decide whether they should be implemented in Australia. This involves CASA evaluating the safety implications of the AD for aircraft registered in Australia and determining whether the AD should be adopted as an Australian AD. Additionally, under the regulations, CASA must ensure that all ADs issued comply with the safety standards set forth in international and national aviation regulations. The process of issuing an AD also involves consultation with relevant stakeholders, including the aviation industry and the public, to gather input and feedback on the proposed AD. CASA must also ensure that any AD issued is clearly communicated to all relevant parties, including aircraft operators and maintenance personnel, to ensure compliance.
Failure to comply with an airworthiness directive can result in severe consequences, both civil and criminal. Under section 94 of the Civil Aviation Act 1988, operating an aircraft in a manner that contravenes an AD can result in significant penalties. The maximum penalty for contravening an AD is $16,500 for an individual, and $82,500 for a body corporate. Additionally, CASA can take enforcement action against operators who fail to comply with ADs, which may include grounding the aircraft until the required actions are completed. In more severe cases, CASA may pursue criminal charges against individuals or companies that deliberately ignore ADs, leading to potential imprisonment. The seriousness of these penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft in Australia.