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 European Aviation Safety Authority (EASA) has issued AD 2007-0171 affecting Apex Aircraft Robin model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ROBIN/7, Amendment 3, which will become effective on 27 September 2007. 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, Systems and New Technologies 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 regulate the safety of air navigation and ensure the continuing airworthiness of aircraft, thereby addressing the need for comprehensive safety standards and regulatory oversight within Australia's civil aviation sector. This legislation empowers the Governor-General to issue regulations that align with the Act's objectives, fostering a robust framework for maintaining aviation safety. The Civil Aviation Safety Regulations 1998, which stem from this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial in ensuring that aircraft meet continuing airworthiness standards, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the airworthiness of aircraft types. The ADs issued by CASA, including those responding to directives from other contracting states like the European Aviation Safety Authority (EASA), are made to uphold Australia's international obligations and domestic safety standards. The issuing of such ADs, including the recent AD/ROBIN/7, Amendment 3, is a direct response to international safety directives and does not require public consultation as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives, which are legislative instruments, are instrumental in ensuring the ongoing airworthiness of aircraft and are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and ADs serve as a critical mechanism for disseminating necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate such international ADs and, when necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, following the issuance of an AD by the European Aviation Safety Authority (EASA) for Apex Aircraft Robin model aircraft, CASA issued Australian AD/ROBIN/7, Amendment 3, which supersedes earlier versions. This process is mandated by international obligations and specific regulatory frameworks, and it does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for the Act, particularly 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 types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are essential tools for ensuring the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation.
Under these provisions, the State of Design bears primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures that the safety standards set by the State of Design are implemented in Australia.
The European Aviation Safety Authority (EASA) has issued AD 2007-0171 for Apex Aircraft Robin model aircraft, acting on behalf of France, the State of Design. CASA has reviewed this AD and issued Australian AD/ROBIN/7, Amendment 3, which will take effect on 27 September 2007. This new AD replaces the previous version, ensuring that all relevant safety requirements are up to date. Given that this AD stems from Australia’s obligations under the Convention on International Civil Aviation and responds to an AD issued by the relevant State of Design, no public consultation has been required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations and requirements imposed by this AD mandate that the relevant parties ensure compliance with the new safety standards, which may include modifications, inspections, and maintenance actions. Failure to adhere to these directives can result in significant civil or criminal consequences. The specific penalties for non-compliance are not detailed in the text, but they could potentially include fines, suspension or revocation of airworthiness certificates, and other regulatory actions deemed necessary by CASA to enforce compliance and ensure aviation safety.