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 EASA has issued AD 2006-0316-E affecting Rotax 912 and 914 series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ROTAX/22, which will become effective on 20 October 2006.
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 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) to address safety concerns with aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process by which ADs can be issued. The objective of these regulations is to maintain the highest possible safety standards in civil aviation, aligning with international obligations under the Convention on International Civil Aviation. The Australian Government, through the Civil Aviation Safety Authority (CASA), issues these directives to ensure that aircraft meet continuing airworthiness standards, thereby safeguarding the public and conforming to international regulatory frameworks. The enactment of these directives is a response to the necessity for Australia to uphold its commitments under the Convention on International Civil Aviation, specifically in relation to the continuing airworthiness of aircraft designed and registered abroad but operating within Australian airspace.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by F2006L03456, pertain to all aircraft registered in Australia, their operators, and manufacturers of aeronautical products, ensuring that they adhere to the standards set forth by the Civil Aviation Act 1988. The regulations are designed to maintain the safety of air navigation by imposing requirements for airworthiness directives (ADs), which are enforceable under the Act. These directives apply to both the State of Design and the State of Registry of an aircraft and mandate the continuing airworthiness of aircraft types and aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are applicable across Australia, with CASA (Civil Aviation Safety Authority) acting as the national airworthiness authority. The issuance of ADs such as AD/ROTAX/22, in response to directives from other ICAO contracting states like the European Union Aviation Safety Agency (EASA), exemplifies the jurisdictional reach of these regulations. Notably, these regulations do not require public consultation or a Regulatory Impact Statement as they are integral to fulfilling Australia’s international obligations and maintaining global aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, with specific focus on section 98 and regulation 39.001 (subsection 39.001(5)). Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Furthermore, under subregulation 39.001(5), ADs are classified as disallowable instruments according to section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in line with section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to maintain responsibility for the continuing airworthiness of an aircraft type and provide necessary information to ensure such airworthiness. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue Australian ADs when necessary to mandate the requirements of the State of Design. This process is exemplified by the issuance of Australian AD/ROTAX/22 in response to the European Aviation Safety Agency's (EASA) AD 2006-0316-E, which affects Rotax 912 and 914 series engines.
Failing to comply with ADs may result in various consequences. Firstly, the ADs are legally binding, and non-compliance may lead to civil or criminal penalties. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators, owners, and maintenance personnel to adhere to ADs. Failure to comply with these requirements may result in enforcement actions, such as fines, suspension or revocation of aircraft certificates, or prosecution under the Act. Furthermore, the safety of air navigation could be compromised, leading to potential accidents or incidents, which may result in loss of life or damage to property.
Under the Civil Aviation Act 1988, the maximum penalties for non-compliance with ADs may include fines up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years for serious offences. Additionally, CASA may take enforcement actions, such as grounding non-compliant aircraft or denying entry into Australian airspace. It is essential for all parties governed by the Act and the Regulations to be aware of their obligations and adhere to ADs to ensure the safety of air navigation.