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 2007-08-03 affecting Cessna 170 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 170/78, Amendment 1, which will become effective on 25 April 2007. This AD cancels and replaces the previous issue.
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, enacted by the Commonwealth Parliament, was established to ensure the safety and efficiency of civil aviation within Australia. The Act provides the legal framework for regulating civil aviation and includes provisions for the issuance of airworthiness directives, which are regulations made under the authority of the Governor-General for the purpose of ensuring the safety of air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This mechanism allows CASA to mandate necessary safety measures and compliance requirements, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation and ensuring the continuing airworthiness of aircraft registered in Australia.
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) for specific kinds of aircraft or aeronautical products, as stipulated by the Civil Aviation Act 1988. This regulation ensures that the safety standards for air navigation are upheld, thereby protecting the public and maintaining the integrity of air travel. The issuance of these ADs, as outlined in subregulation 39.001(5), is governed by the Acts Interpretation Act 1901 and is classified as a disallowable instrument. Furthermore, under the Legislative Instruments Act 2003, ADs are considered legislative instruments. These directives are crucial for the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for providing necessary information to ensure airworthiness. CASA, as the national airworthiness authority for Australia, evaluates the information provided by the State of Design and issues corresponding Australian ADs when necessary, ensuring compliance with international safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulation also specifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to assess and, when necessary, issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the overarching responsibility for the airworthiness of a specific aircraft type. In instances where the State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international airworthiness standards.
In the context of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, several consequences arise from non-compliance with ADs. Firstly, any person who contravenes an AD may face criminal penalties, including fines of up to $22,200 for individuals and $111,000 for corporations, as outlined in section 125 of the Act. Additionally, CASA has the authority to issue infringement notices under section 127, which can result in fines of up to $6,600 for individuals and $33,000 for corporations. Failure to comply with an AD can also lead to civil penalties, including potential liability for damages resulting from accidents or incidents caused by non-compliance.