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 2007-0039-E affecting Bombardier Shorts SD3-30 aircraft. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SD3-30/49, which will become effective on 23 February 2007.
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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation to manage the complexities of air navigation and aircraft operations. This Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation, thereby establishing a robust framework for overseeing civil aviation activities. Complementing this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed operational guidelines, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments, as per the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The issuance of such directives is a response to Australia's obligations under the Convention on International Civil Aviation and is a means to ensure compliance with safety standards set by the relevant State of Design, such as the European Aviation Safety Agency (EASA) in the case of the Bombardier Shorts SD3-30 aircraft.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards set forth by the International Civil Aviation Organization (ICAO), particularly under Annex 8 which pertains to the airworthiness of aircraft. The State of Design, which in this case is the European Aviation Safety Agency (EASA), holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in Australia's case CASA, must ensure that aircraft registered within its jurisdiction meet the necessary airworthiness requirements. This legislative framework underscores the importance of international cooperation in maintaining aviation safety standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly regarding the issuance of airworthiness directives (ADs), are outlined in section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant for both the State of Design and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide any necessary information to ensure the ongoing airworthiness of the type to the appropriate States of Registry. In turn, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This means that when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design.
There are potential consequences for non-compliance with these regulations. Under section 84A(2) of the Civil Aviation Act 1988, ADs are issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office on behalf of CASA. While the issuance of ADs like AD 2007-0039-E by the European Aviation Safety Agency (EASA) for Bombardier Shorts SD3-30 aircraft follows Australia’s obligations under the Convention on International Civil Aviation, there is no requirement for public consultation or a Regulatory Impact Statement for such directives. Failure to comply with an AD could lead to severe civil and criminal penalties, although the exact nature of these penalties would depend on the specifics of the breach and relevant aviation laws.