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 2006-0234 affecting Tecnam P92, P96 and P2002 model aircraft. EASA acts on behalf of Italy, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/TECNAM/2, which will become effective on 30 August 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, 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 ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework under which the Civil Aviation Safety Authority (CASA) operates, including the power to issue airworthiness directives (ADs) to maintain the safety of aircraft. The 1988 Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs for specific types of aircraft or aeronautical products. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly those relating to the continuing airworthiness of aircraft, which are overseen by the State of Design and the State of Registry. In this context, CASA ensures that Australian ADs align with international standards, thereby maintaining the safety and compliance of aircraft within the Australian Register.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for an aircraft type's airworthiness, while the State of Registry must implement requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design, such as the European Aviation Safety Agency (EASA) on behalf of Italy, issues an AD for aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD. The issuance of ADs like Australian AD/TECNAM/2, in response to EASA's AD 2006-0234 for Tecnam P92, P96, and P2002 models, is a direct result of Australia's international obligations and does not require public consultation or a Regulatory Impact Statement. These ADs are issued by CASA, acting as Australia’s national airworthiness authority, to mandate the requirements set forth by the relevant State of Design.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments under the Legislative Instruments Act 2003, and they mandate certain requirements to ensure the continuing airworthiness of the affected aircraft types, as per subregulation 39.001(5). The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the continuing airworthiness of that type, and must provide necessary information to ensure safety to the States of Registry. The State of Registry, which is the country where the individual aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft in accordance with Annex 8 of the Convention on International Civil Aviation.
Under these regulations, when a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) for Tecnam P92, P96, and P2002 model aircraft, CASA is obligated to assess this information. If appropriate, CASA must then issue its own Australian AD to mandate the requirements of the State of Design. In this case, CASA has issued AD/TECNAM/2, which will come into effect on 30 August 2007. Given that this AD is issued in response to an AD raised by the relevant State of Design and is consistent with Australia’s obligations under the Convention on International Civil Aviation, no public consultation has been required. Moreover, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office issued this AD on behalf of CASA in compliance with subsection 84A(2) of the Act.
Failure to comply with the requirements of an AD can result in severe consequences. Operators of the affected aircraft types must adhere to the mandated requirements, and non-compliance may lead to enforcement actions by CASA. Under the Civil Aviation Act 1988, CASA has the authority to take measures to ensure compliance, which may include grounding of non-compliant aircraft or imposing fines and other penalties. Additionally, there may be criminal or civil liabilities for individuals or entities found in breach of the ADs. The exact penalties for non-compliance are not specified in the text provided but could include significant fines or imprisonment, depending on the severity of the breach and the specific regulations involved.