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 2007-05-10 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 170/79, which will become effective on 11 April 2007.
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 Australian Parliament, serves to regulate civil aviation within Australia, ensuring the safety of air navigation as its primary objective. The Act provides the authority for the Governor-General to create regulations, such as those pertaining to airworthiness directives, which are essential for maintaining the safety and airworthiness of aircraft operating in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives, which are legislative instruments subject to disallowance and review. These directives are crucial for addressing identified safety issues and ensuring compliance with international standards, particularly as outlined in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, assesses the directives issued by other countries' aviation authorities and, if necessary, issues corresponding Australian airworthiness directives to enforce the required safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, govern the issuing of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Such directives serve to ensure the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the original design of the aircraft, issues ADs, and CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to maintain safety standards. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. Notably, when issuing ADs in response to international directives, CASA does not undertake public consultation or require a Regulatory Impact Statement, given the regulatory and safety obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, and consequently, it is a legislative instrument as defined in the Legislative Instruments Act 2003.
Under these provisions, the State of Design for a particular aircraft type has the overarching responsibility for ensuring the continuing airworthiness of that type, as per Annex 8 to the Convention on International Civil Aviation. This entails providing necessary information to States of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft it registers. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that all aircraft registered in Australia meet international safety standards.
The obligations imposed by these regulations require CASA to meticulously assess any ADs issued by the State of Design and to act accordingly to maintain airworthiness standards in Australia. This involves a rigorous evaluation process to determine whether the AD is necessary and appropriate for the aircraft registered in Australia. Once CASA issues an Australian AD, it becomes mandatory for the owners and operators of the affected aircraft to comply with the directives.
Failure to comply with an AD can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines up to the statutory maximum of $22,200 for individuals and $111,000 for corporations. Additionally, CASA can take enforcement actions such as grounding the aircraft, imposing operational restrictions, or even cancelling the aircraft's registration. These measures underscore the importance of adhering to airworthiness directives to ensure the safety of air navigation.