CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-05-53 R1 affecting Cessna 172 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 170/76, which will become effective on 14 March 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, addressing the need for safe and efficient air navigation. It empowers the Governor-General to make regulations, such as those found in the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft as required by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus ensures that Australia meets its international obligations while maintaining stringent safety standards for its civil aviation sector. The legislation reflects the policy objective of harmonising Australian aviation practices with international norms, thereby facilitating safe and orderly air navigation within and beyond Australian borders.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are considered legislative instruments under the Acts Interpretation Act 1901. In the context of international obligations under the Convention on International Civil Aviation, the State of Design, which in this case is the USA for the Cessna 172 model, has the responsibility to ensure the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to maintain the safety standards. This process does not require public consultation or a Regulatory Impact Statement, as it is driven by international obligations and the need to enforce airworthiness standards set by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for types of aircraft or aeronautical products. This regulatory mechanism is designed to ensure that the continuing airworthiness of aircraft is maintained, as stipulated in Annex 8 to the Convention on International Civil Aviation. In the case of the Cessna 172 model aircraft, the United States, as the State of Design, issued AD 2005-05-53 R1, which CASA has assessed and subsequently issued as Australian AD/CESSNA 170/76, effective from 14 March 2005.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include the responsibility for the continuing airworthiness of aircraft. The State of Design is tasked with providing essential information to ensure the airworthiness of an aircraft type, while the State of Registry must adopt or develop requirements to maintain this airworthiness. CASA, as Australia's national airworthiness authority, must evaluate the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures. This process is integral to upholding international standards and ensuring that all aircraft within the Australian Register comply with necessary safety regulations.
Failure to comply with the airworthiness directives issued by CASA can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, as well as criminal penalties for more serious breaches. The specific penalties are detailed in the Act and can vary depending on the severity of the infraction. For instance, operating an aircraft that does not comply with an AD may result in a fine of up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment for serious offences. These penalties underscore the importance of adhering to ADs to maintain safety standards in civil aviation.