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 2006-0328 affecting Messier-Goodrich and Goodrich-Messier aircraft wheels. EASA acts on behalf of Italy, the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/WHE/8, which will become effective on 21 December 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 for the regulation of civil aviation and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations that are necessary to achieve these objectives. One such regulation is the Civil Aviation Safety Regulations 1998, which permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, with CASA acting as Australia's national airworthiness authority. The issuing of ADs is in line with international obligations under the Convention on International Civil Aviation, and when an AD is issued by a foreign State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD. This process ensures compliance with international standards and maintains the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring compliance with safety regulations as per the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation and must be adopted by States of Registry, such as Australia. CASA, acting on behalf of Australia, assesses and issues ADs in response to those issued by the State of Design, such as the European Aviation Safety Authority (EASA) for the Messier-Goodrich and Goodrich-Messier aircraft wheels, ensuring adherence to international safety standards. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the pre-established international obligations they address.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These directives, as provided in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft types and are a common practice among ICAO Contracting States. The State of Design, in this case, Italy, has overall responsibility for the airworthiness of the aircraft type, and it must provide necessary information to ensure the safety of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, is also responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure such airworthiness.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA, as Australia’s national airworthiness authority, include the assessment of airworthiness directives issued by the State of Design. In this case, CASA must review the European Aviation Safety Authority’s (EASA) AD 2006-0328, which affects Messier-Goodrich and Goodrich-Messier aircraft wheels, and determine if an Australian AD is necessary. If deemed appropriate, CASA must then issue an Australian AD to enforce the requirements of the State of Design. Furthermore, as Australia is obligated under the Convention on International Civil Aviation, the process for issuing such ADs does not involve consultation with the Australian public. Additionally, the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement.
The potential consequences of non-compliance with an airworthiness directive are significant. Any breach of an AD could result in severe safety risks, including compromised aircraft performance and potential accidents. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to criminal charges and penalties. Specifically, individuals or entities found in violation may face fines and imprisonment. The exact penalties can vary depending on the severity of the breach, but they can include substantial financial penalties and imprisonment terms that reflect the gravity of endangering public safety in aviation. It is crucial for all relevant parties to adhere to the requirements set out in the ADs to ensure the safety and integrity of air navigation in Australia.