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 United States FAA has issued AD 2005-13-10 affecting Cessna 172 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 170/77, which will become effective on 1 September 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 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 is a fundamental piece of Australian legislation designed to ensure the safety and efficiency of civil aviation within the country. Enacted by the Australian Parliament, the Act provides the legal framework for the regulation of civil aviation and the safety standards to be met. One of the key provisions of the Act is the ability for the Governor-General to make regulations, including the issuance of airworthiness directives, for the purpose of enhancing air navigation safety. This is further supported by the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards, particularly those outlined in the Convention on International Civil Aviation. CASA, acting on behalf of the Australian government, assesses and issues these directives to address safety concerns identified by the aircraft's State of Design, thereby fulfilling Australia's international obligations while prioritising the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This authority is exercised under the provisions of section 98 of the Act and regulation 39.001 of the Regulations, aimed at ensuring the safety of air navigation. These directives are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance as outlined in the Legislative Instruments Act 2003. ADs are integral to the continuing airworthiness of aircraft, mandated by Annex 8 to the Convention on International Civil Aviation, and are typically issued by the State of Design or Registry of the aircraft in question. In Australia, CASA is responsible for assessing foreign ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs to ensure compliance and safety within the Australian aviation sector. Exemptions or thresholds for the issuance of ADs are determined by CASA in accordance with the specific safety requirements and international obligations, without necessitating public consultation due to their international nature and the urgency of safety concerns.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, specifically under section 98 and regulation 39.001 respectively. According to section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is a legislative instrument that is subject to disallowance, as outlined in subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations include the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, such as CASA in Australia, is then responsible for ensuring the continuing airworthiness of individual aircraft on its register. This entails developing or adopting requirements to maintain airworthiness and, when necessary, issuing ADs in response to those issued by the State of Design. For example, CASA has issued Australian AD/CESSNA 170/77 in response to the United States Federal Aviation Administration’s AD 2005-13-10 for Cessna 172 model aircraft.
Failure to comply with an AD can result in serious consequences, as ADs are critical for maintaining the safety and airworthiness of aircraft. While specific penalties for non-compliance are not detailed in the provided text, the regulatory framework implies that breaches of ADs can lead to significant civil or criminal penalties. The legislative process for issuing ADs does not require public consultation or a Regulatory Impact Statement, as these directives are based on international obligations and assessments by CASA. The AD in question was 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.