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 2006-0190 affecting Shorts SC7 Skyvan model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SC7/13, Amendment 5, which will become effective on 12 July 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 regulate and oversee civil aviation in Australia, ensuring safety and compliance with international standards. It empowers the Governor-General to make regulations necessary for the safety of air navigation, and under section 98, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments to maintain the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation. This legislation was designed to address the need for a coordinated and authoritative approach to ensuring the safety and airworthiness of aircraft operating within Australian airspace, and to harmonise with international standards and practices. The ADs are issued by CASA, Australia's national airworthiness authority, often in response to directives from the State of Design, such as the European Aviation Safety Authority for aircraft designed in the United Kingdom.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Instrument 2006, apply to all aircraft and aeronautical products registered in Australia, ensuring adherence to safety standards mandated by the Civil Aviation Act 1988. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, which must be observed by aircraft operators, owners, and manufacturers to maintain the continuing airworthiness of their aircraft. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The jurisdictional reach of these regulations is national, with CASA acting on behalf of the Australian government to ensure compliance with international standards set forth by the Convention on International Civil Aviation. While the ADs are generally issued in response to international directives, no public consultation is required, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must be reviewed and approved under the Legislative Instruments Act 2003.
The obligations imposed by these regulations extend to various stakeholders. The State of Design, such as the United Kingdom for the Shorts SC7 Skyvan model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to States of Registry. The State of Registry, such as Australia, must then develop or adopt requirements to maintain the airworthiness of the aircraft within its jurisdiction. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when appropriate, ensuring compliance with international standards and the safety of air navigation.
Non-compliance with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, an AD is a legally binding directive that aircraft owners and operators must follow. Failure to comply with the requirements set out in an AD can result in the aircraft being deemed unairworthy, leading to grounding of the aircraft and potential enforcement actions by CASA. While specific offences, penalties, and consequences for non-compliance are not detailed within this excerpt, it is clear that adherence to ADs is mandatory and failure to do so can have serious legal and safety implications. CASA has the authority to take enforcement action against non-compliance, which can include fines and other penalties as prescribed by the Civil Aviation Act 1988 and related regulations.