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 2007-0107-E affecting Short Brothers SD3-60 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/SD3-60/68, Amendment 2, which will become effective on 30 August 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 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, enacted by the Parliament of Australia, is a comprehensive piece of legislation designed to govern all aspects of civil aviation within the country. One of its key purposes is to ensure the safety of air navigation, which includes the regulation of airworthiness standards for aircraft and aeronautical products. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed rules and requirements for maintaining airworthiness, including the authority to issue airworthiness directives (ADs) as a legislative instrument. ADs serve as a crucial mechanism for addressing safety issues and ensuring that aircraft remain in a condition that is safe for operation, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The issuing of these directives by the Civil Aviation Safety Authority (CASA) is an essential part of fulfilling Australia's obligations to international standards and maintaining the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia, and allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised under the regulation 39.001 of the Civil Aviation Safety Regulations 1998, with ADs being considered disallowable instruments under the Acts Interpretation Act 1901, and therefore legislative instruments in accordance with the Legislative Instruments Act 2003. The geographic scope of these regulations applies nationally, in line with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as having the overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA acting on behalf of Australia, is tasked with implementing the requirements of these ADs to ensure compliance with international standards. The application of these regulations extends to all aircraft registered in Australia and any aeronautical products within its jurisdiction, with no exclusions or thresholds explicitly stated in the provided text. The ADs issued by CASA in response to international directives are binding on the operators of the affected aircraft and must be adhered to as per the specified effective dates.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include section 98, which allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are crucial tools for maintaining and ensuring the continuing airworthiness of aircraft in accordance with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the responsibility to assess information provided by the State of Design, which is the country where the aircraft type is designed. For instance, in the case of the Short Brothers SD3-60 model aircraft, the European Aviation Safety Authority (EASA), acting on behalf of the United Kingdom as the State of Design, issued AD 2007-0107-E. CASA subsequently assessed this directive and issued an Australian AD/SD3-60/68, Amendment 2, to mandate the requirements of the State of Design. This process underscores the need for continuous cooperation between international authorities to ensure that all aircraft meet the necessary safety standards.
The obligations imposed by these regulations are primarily on CASA and the State of Registry of individual aircraft. CASA must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure that Australian-registered aircraft comply with international safety standards. The State of Registry is responsible for ensuring the continuing airworthiness of aircraft registered within its territory, including implementing the requirements set forth in any ADs.
Failure to comply with the provisions of an AD can lead to significant legal consequences. While specific penalties are not detailed in the text, non-compliance with airworthiness directives generally results in severe repercussions. Such consequences could include administrative penalties, revocation of airworthiness certificates, or even criminal charges in cases of gross negligence or willful disregard of safety regulations. These measures are intended to enforce compliance and maintain the highest safety standards in civil aviation.