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 US FAA has issued AD 2006-18-08 affecting Goodyear Nosewheel tyres. The USA is the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/WHE/7, which will become effective on 26 October 2006.
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 provide a comprehensive legal framework governing civil aviation in Australia, addressing various aspects such as safety, registration, licensing, and air traffic services. It was introduced to fill the gap in aviation regulation by establishing clear and enforceable standards to ensure the safety and efficiency of civil aviation operations. The Act was passed by the Australian Parliament, reflecting a policy objective to harmonise national aviation regulations with international standards and to enhance the safety and reliability of civil aviation in Australia. In line with this objective, the Civil Aviation Safety Regulations 1998 were also enacted, providing detailed provisions on aircraft maintenance, certification, and airworthiness directives. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, thereby ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are designed to ensure the safety of air navigation and are applicable to the aircraft and aeronautical products registered within Australia. The issuance of ADs is pursuant to section 98 of the Civil Aviation Act 1988, empowering CASA to enact such regulations in the interest of public safety. These directives are legislative instruments as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and they fall under the purview of the Legislative Instruments Act 2003. The geographic scope of these regulations extends nationally, adhering to international standards set by Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In the case of Australia, CASA, as the national airworthiness authority, is responsible for ensuring that Australian registered aircraft meet the continuing airworthiness standards set forth by ADs issued by the relevant State of Design. The application of these ADs does not require public consultation and is not subject to a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. This framework is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on parties such as CASA and the States of Design and Registry are significant. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft type to the States of Registry. The States of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. In cases where the State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with these directives can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breach of ADs. However, non-compliance with airworthiness directives can potentially lead to severe ramifications, including grounding of aircraft, enforcement actions by CASA, and in extreme cases, criminal charges for individuals or entities responsible for the non-compliance. The exact penalties would depend on the nature and severity of the non-compliance, and could potentially be addressed under other sections of the Civil Aviation Act 1988 or related aviation safety regulations.