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 2009-10-09 affecting Cessna 150 and 152 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 150/50, which will become effective on 2 July 2009.
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, governs the regulation of civil aviation within Australia and is designed to ensure the safety of air navigation. In line with the objectives of the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, which are a critical tool in maintaining the continuing airworthiness of aircraft. An AD is a legislative instrument subject to disallowance and review as per the Legislative Instruments Act 2003. The ADs are mandated under Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, with the State of Registry tasked with ensuring the ongoing airworthiness of individual aircraft. In response to an AD issued by the United States Federal Aviation Administration concerning Cessna 150 and 152 models, CASA has issued its own AD, AD/CESSNA 150/50, effective from 2 July 2009. Given that this AD is a response to international obligations and a directive from the relevant State of Design, no public consultation was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframes & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are instrumental in maintaining the continuing airworthiness of aircraft types and are issued by CASA in response to directives from the State of Design, which, in the case of the Cessna 150 and 152 models, is the United States Federal Aviation Administration (FAA). As Australia adheres to the Convention on International Civil Aviation, particularly Annex 8, CASA is obligated to assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. The issuance of these ADs, such as AD/CESSNA 150/50, is not subject to public consultation or a Regulatory Impact Statement, given their alignment with international obligations and the nature of the legislative process involved.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it qualifies as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA must act when the State of Design, which is the country where the aircraft was designed, issues an AD. In this context, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This means that the State of Design must provide necessary information to the States of Registry, which are the countries where the aircraft are registered, to ensure the aircraft's continuing airworthiness. CASA, as Australia's national airworthiness authority, must then review this information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The recent example involves the US Federal Aviation Administration (FAA) issuing AD 2009-10-09 for Cessna 150 and 152 model aircraft. The United States, as the State of Design, issued this AD, and CASA has assessed it and subsequently issued Australian AD/CESSNA 150/50, which is set to take effect on 2 July 2009. Given that this AD is a response to Australia's obligations under the Convention on International Civil Aviation and is directly related to an AD issued by the relevant State of Design, there was no need for public consultation on this directive. Additionally, the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, Airframes & Structures within the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. CASA's obligation is to ensure that the ADs issued comply with international standards and address any safety concerns that might affect aircraft registered in Australia. Failure to comply with an AD could result in serious safety risks, potentially leading to the grounding of affected aircraft until the required actions are taken. Such non-compliance could also result in civil or criminal penalties if the non-compliance is deemed to be a breach of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. The specific penalties for such breaches can vary, but they may include fines and, in severe cases, imprisonment.