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.
CASA raised AD/CESSNA 170/13 Amendment 2 to detect cracks in plastic control wheels in Cessna 170, 172 and 175 model aircraft in 1969. As a result of a review of this AD, CASA has amended the directive to remove reference to an outdated Cessna Service Letter. AD/CESSNA 170/13 Amendment 3 will become effective on
30 July 2009. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the amendment reduces the regulatory burden on Australian industry.
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 and Structures on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as a foundational piece of legislation for the regulation and oversight of civil aviation in Australia. One key aspect of this Act is its provision for the issuance of airworthiness directives, which are critical for maintaining the safety of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are intended to ensure that aircraft remain in a condition that is safe for operation. The 1988 Act thus aims to protect the public and industry by providing a framework for the continuous airworthiness of aircraft, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to uphold the highest standards of safety in air navigation and to mitigate risks associated with aircraft operations by mandating specific actions and maintenance procedures.
Scope and Application
The Civil Aviation Act 1988, as amended by F2009L02813, encompasses the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority, to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue these directives for specific types of aircraft or aeronautical products. Such directives are integral to maintaining the continuing airworthiness of aircraft, with the State of Design having overarching responsibility under Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess the directive and, if necessary, issue an Australian AD to mandate the requirements. This process ensures that Australian aircraft comply with international standards for airworthiness. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are not required to have a Regulatory Impact Statement according to the Office of Best Practice Regulation. The issuance of ADs is a critical function of CASA, ensuring that Australian aviation standards align with international obligations and safety requirements.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of civil aviation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interest of air navigation safety. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments, as defined under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The directives are intended to ensure the continuing airworthiness of aircraft types, in line with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
The obligations under this legislation are primarily directed towards CASA, which is tasked with assessing information from the State of Design and, if necessary, issuing corresponding ADs for aircraft registered in Australia. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The latter must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When CASA issues an AD, it is mandating compliance with the requirements of the State of Design, ensuring that Australian-registered aircraft meet international safety standards.
Failure to comply with an AD can lead to serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences or penalties for non-compliance with ADs, but general provisions within the Civil Aviation Act 1988 allow for enforcement actions. Non-compliance with an AD could be construed as a breach of the regulations, potentially leading to administrative penalties, enforcement actions, or even criminal charges in cases of gross negligence or willful disregard for safety regulations. The penalties for such breaches can include fines and, in severe cases, imprisonment, depending on the nature and severity of the non-compliance.