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 USA FAA has issued AD 2006-17-04 affecting Cessna 172R and Cessna 172S series aircraft. USA is the State of Design for Cessna aircraft types. CASA has assessed this AD and has issued Australian AD/CESSNA 170/78, which will become effective on 4 September 2006.
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, New Technologies and Systems, 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. The Act provides the framework for regulating the safety and efficiency of civil aviation, including the issuance of airworthiness directives. These directives are essential in maintaining the continuing airworthiness of aircraft, particularly in response to international standards and practices as outlined in the Convention on International Civil Aviation. The Act empowers the Governor-General to make regulations, including those concerning airworthiness directives, under section 98, in the interests of safety. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for issuing such directives, with regulation 39.001 specifically authorising the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). This legislative framework ensures that CASA can mandate specific requirements for aircraft registered in Australia, aligning with international obligations and safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby ensuring adherence to safety standards as per the Civil Aviation Act 1988. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. For aircraft registered in Australia, CASA is tasked with assessing ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for Cessna aircraft types, and issuing corresponding Australian ADs. The application of these regulations is not limited to Australia but extends internationally, reflecting Australia's commitment to harmonising safety standards with other ICAO Contracting States. The process of issuing ADs is streamlined to avoid unnecessary public consultation or regulatory impact assessments, as they are directly related to international obligations and the imperative of ensuring aircraft safety.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. An AD is considered a legislative instrument under the Legislative Instruments Act 2003 and is disallowable under the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA to monitor and respond to ADs issued by the State of Design for aircraft types registered in Australia. For instance, the State of Design, such as the USA for Cessna aircraft, must provide necessary information to ensure continuing airworthiness. CASA must then assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements on aircraft registered in Australia. This ensures compliance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
Non-compliance with an AD in Australia can result in severe consequences. Pilots or operators who do not adhere to the mandated requirements can face civil penalties, including fines of up to $55,000 for individuals and $275,000 for corporations, as stipulated in the Civil Aviation Act. In more serious cases, non-compliance may also lead to criminal charges, resulting in potential imprisonment. These measures underscore the importance of adhering to ADs to maintain the highest standards of air safety and ensure the safe operation of aircraft registered in Australia.