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 2007-0200-E affecting Moravan Z 242L model aircraft. EASA acts on behalf of the Czech Republic, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/Z-242L/3, Amendment 2, which will become effective on 02 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 Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of its key provisions allows the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. In response to an AD issued by the European Aviation Safety Authority for the Moravan Z 242L model aircraft, CASA has issued its own AD to mandate compliance with the safety requirements set forth by the Czech Republic, the State of Design. This directive reflects the collaborative international effort to uphold aviation safety standards and ensures that Australian aircraft meet necessary safety criteria.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) in Australia. According to regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs concerning types of aircraft or aeronautical products. These ADs are legislative instruments as defined by the Legislative Instruments Act 2003. The issuance of ADs is essential for maintaining the continuing airworthiness of aircraft and is mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in the country. When a State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the requirements. For example, in response to EASA's AD 2007-0200-E for the Moravan Z 242L model aircraft, CASA issued AD/Z-242L/3, Amendment 2, effective from 02 August 2007. This AD replaces the previous issue and is made without public consultation due to the international obligations and the nature of ADs, which do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Section 39.001(5) of these regulations designates ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby categorising them as legislative instruments as per the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Essentially, ADs serve as essential tools for ensuring that aircraft remain airworthy throughout their operational lifespan.
The obligations imposed by these ADs require both the State of Design and the State of Registry to work collaboratively. The State of Design, responsible for the aircraft type's airworthiness, must issue ADs to provide necessary information and directives to maintain airworthiness. Concurrently, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. For Australia, this translates into CASA, as the national airworthiness authority, assessing ADs issued by the State of Design and, if necessary, issuing Australian ADs to enforce the required measures. This ensures that Australian-registered aircraft meet the airworthiness standards set forth by the international aviation community.
In the case of the European Aviation Safety Authority (EASA) issuing AD 2007-0200-E for the Moravan Z 242L model aircraft, CASA has evaluated this directive and issued Australian AD/Z-242L/3, Amendment 2, effective from 02 August 2007. This AD replaces the previous issue and is a direct response to the international obligations under the Convention on International Civil Aviation. As such, no public consultation was necessary, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Regarding the consequences of non-compliance, the ADs carry significant implications. Failure to adhere to the requirements specified in an AD can result in serious safety issues and potentially severe penalties. While the exact nature and severity of penalties are not specified in the text, it is understood that non-compliance with such directives can lead to both civil and criminal consequences. Civil penalties could include fines or other monetary penalties, while criminal penalties might involve imprisonment or other forms of legal repercussions. The specific penalties would be determined based on the nature and extent of the non-compliance and the jurisdiction's legal framework.