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 2006-0267 affecting Reims 150 model aircraft. EASA acts on behalf of France, the State of Design for this type. The Reims 150 is a French built version of the Cessna 150 series. CASA has assessed this AD and has issued Australian AD/CESSNA 150/31, Amendment 4, which will become effective on 26 October 2006. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation in the aviation sector. This Act empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. Complementing the Act, the Civil Aviation Safety Regulations 1998 provide further detail and mechanisms for ensuring airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives serve as critical tools for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. CASA's role involves assessing and, if necessary, issuing Australian ADs in response to directives from the aircraft's State of Design, thereby fulfilling Australia's international obligations and ensuring the safety of aircraft registered within the country.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft. These directives apply to specific types of aircraft and aeronautical products, and are mandated by Australia's obligations under the Convention on International Civil Aviation. CASA is responsible for assessing ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) for certain aircraft types, and can issue corresponding Australian ADs to enforce compliance with safety requirements. The issuance of these ADs is governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, with subregulation 39.001(5) stating that ADs are disallowable instruments under the Acts Interpretation Act 1901, and thus considered legislative instruments under the Legislative Instruments Act 2003. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, provides the authority for the Governor-General to create regulations that safeguard air navigation safety. Under this provision, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for ensuring the continuing airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the initial airworthiness of a particular aircraft type, must supply any necessary information to States of Registry to maintain airworthiness. This responsibility extends to providing ADs, which are the primary means of disseminating continuing airworthiness information.
The obligations imposed by these regulations on the parties involved are significant. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary to enforce the same requirements domestically. This ensures that all aircraft registered in Australia comply with international airworthiness standards. The State of Registry, which in this case is Australia, has the responsibility to develop or adopt necessary requirements to ensure the ongoing airworthiness of registered aircraft. This obligation includes acting on ADs issued by the State of Design to maintain the safety and airworthiness of aircraft within its jurisdiction.
Breaching the requirements set forth in these airworthiness directives can lead to serious consequences. Failure to comply with an AD may result in civil or criminal penalties, depending on the nature and severity of the breach. The specific penalties are not detailed in the provided text, but they can include fines, aircraft grounding, or even criminal charges in cases of significant non-compliance. The effectiveness of these measures is underscored by the authority vested in CASA to enforce compliance and ensure that all regulated entities adhere to the stipulated safety standards. This legislative framework ensures that air navigation safety is maintained through stringent regulatory oversight and enforcement mechanisms.