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 Italian Ente Nazionale per L’Aviazone Civile has issued AD 2005-345 affecting Tecnam P92 model aircraft. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TECNAM/3, 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 regulate civil aviation in Australia and ensure the safety of air navigation. This Act provides the framework for the creation and enforcement of aviation safety regulations, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These directives serve as a means to ensure the continuing airworthiness of aircraft and aeronautical products, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. This legislation is instrumental in addressing safety concerns and maintaining consistent safety standards across the aviation industry in Australia, fulfilling the policy objective of ensuring the safety of air navigation and the continuing airworthiness of aircraft as mandated by international conventions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, with the overarching objective of ensuring the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments as defined under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs serve to enforce continuing airworthiness requirements mandated by the State of Design and adopted by the State of Registry, in alignment with the provisions of Annex 8 to the Convention on International Civil Aviation. For instance, in the case of the Tecnam P92 model aircraft, although the AD originated from Italy, CASA has issued an Australian AD following its assessment of the information provided by Italy. This process ensures that all aircraft registered in Australia meet the necessary safety standards, with CASA acting as the national airworthiness authority. The ADs do not require public consultation or a Regulatory Impact Statement, reflecting their specific technical and safety-focused nature.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Regulation 39.001(5) clarifies that such 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. This regulatory framework ensures that CASA can mandate safety measures for aircraft types registered in Australia, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the Act are significant. For instance, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must provide all necessary information to the relevant States of Registry. These States of Registry, including Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. When an AD is issued by a State of Design, such as Italy in the case of the Tecnam P92 model aircraft, CASA is obligated to assess this information and, if appropriate, issue a corresponding Australian AD to enforce the safety requirements.
Failure to comply with the mandates set forth in an AD can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs can result in both civil and criminal penalties. Given the critical nature of airworthiness directives in maintaining safety standards, penalties may include fines, suspension or revocation of aircraft operating certificates, or even imprisonment for individuals or corporations found guilty of violations. The exact penalties would depend on the severity of the breach and relevant aviation laws in place.