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 2007-0110-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/6, which will become effective on 25 April 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 provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety, air navigation, and related matters. This Act enables the creation of regulations aimed at ensuring the safety of air navigation, thereby safeguarding both passengers and the broader community. One significant regulatory tool introduced under this Act is the issuance of airworthiness directives (ADs), as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs serve as a mechanism to ensure that aircraft and aeronautical products maintain their airworthiness standards, in alignment with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives to mandate safety requirements derived from the State of Design or other contracting states, thereby fulfilling Australia's responsibilities under the Convention. This legislative approach ensures that Australian aviation practices remain consistent with global safety standards, thereby protecting public safety and facilitating international air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, play a crucial role in ensuring the continuing airworthiness of aircraft types registered in Australia. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, has primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, which include Australia. CASA, acting as Australia's national airworthiness authority, assesses information from the State of Design and, when appropriate, issues Australian ADs to enforce the requirements of the State of Design. This process ensures compliance with international standards and obligations, such as when the European Aviation Safety Authority (EASA) issues an AD for a type designed in the Czech Republic, leading CASA to issue an Australian AD for that specific aircraft type. This AD process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is enacted by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations necessary for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. An AD is a formal directive issued to ensure that aircraft and aeronautical products remain airworthy, and it is a mechanism by which CASA mandates compliance with safety requirements.
In the context of international obligations, the State of Design, which is the country where the aircraft type is designed, holds the responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This State must provide necessary information to ensure the continuing airworthiness of the aircraft type to the State of Registry, which is the country where the individual aircraft is registered. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose obligations on CASA to monitor and respond to ADs issued by the State of Design. CASA is required to evaluate the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the compliance of aircraft registered in Australia. Additionally, the State of Registry must ensure that the aircraft registered within its jurisdiction comply with all issued ADs to maintain airworthiness standards.
Breach of an airworthiness directive can result in serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to severe penalties. For individuals, the maximum penalty for non-compliance can include fines of up to $21,000 and/or imprisonment for up to one year. For corporations, the fines can be significantly higher, reaching up to $1,050,000. Non-compliance not only poses a risk to safety but can also result in legal action against the responsible parties, including potential civil liabilities for any accidents or incidents caused by non-compliance with ADs.