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 2008-22-18 affecting Cessna 150 model aircraft fitted with a Ballistic Recovery Systems BRS-150 recovery parachute. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 150/49, which will become effective on 9 December 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes a regulatory framework for ensuring the safety of civil aviation within Australia. This Act grants the Governor-General the authority to create regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Such directives are critical for maintaining the airworthiness of aircraft and aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The objective of these regulations is to ensure that aircraft operating within Australia meet stringent safety standards, thereby safeguarding public safety and fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, through its regulations, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, specifically for kinds of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, which are disallowable under the Acts Interpretation Act 1901, and are thus subject to the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for issuing such directives. In Australia, CASA, as the national airworthiness authority, is responsible for issuing Australian ADs that reflect the requirements of ADs issued by the State of Design, in this case, the United States for the Cessna 150 model aircraft. Given that these ADs are issued in response to international obligations and specific design-state directives, they do not require public consultation or a Regulatory Impact Statement. The ADs are drafted by CASA, ensuring compliance with the Civil Aviation Act 1988 and the overarching safety objectives of the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are significant. The State of Design, which is the country where the aircraft type is designed, is responsible for the continuing airworthiness of that aircraft type. It must provide all necessary information to ensure that the aircraft remains airworthy, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When the State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences. The Civil Aviation Safety Regulations 1998 impose obligations on aircraft operators to comply with ADs, and non-compliance can result in significant penalties. Under section 217 of the Civil Aviation Act 1988, a person who contravenes an AD can be subject to a civil penalty of up to $500,000 for a corporation and $100,000 for an individual, as well as potential criminal penalties. Furthermore, CASA has the authority to take enforcement actions, including grounding the aircraft, if an operator fails to comply with an AD. This underscores the importance of adhering to ADs to maintain the safety standards required by Australian law.