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 2008-03-02 affecting Cessna 172R and 172S aeroplanes. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 170/81, which will become effective on 8 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation and the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, in the interests of the safety of air navigation. One such regulation, established under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design under Annex 8 to the Convention on International Civil Aviation. In cases where the State of Design issues an AD, such as the US Federal Aviation Administration's (FAA) AD 2008-03-02 for Cessna 172R and 172S aeroplanes, CASA must assess and, if appropriate, issue an Australian AD to enforce the requirements. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, and in the absence of a public consultation, the AD is issued by CASA in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation within Australia. The Act empowers the Governor-General to enact regulations in the interests of air navigation safety, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. As Australia is a signatory to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, necessitating the provision of relevant information to States of Registry to maintain safety standards. In response to ADs issued by States of Design, CASA, acting as Australia’s national airworthiness authority, is mandated to assess the information and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for civil aviation in Australia, with specific provisions allowing for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties governed by these provisions are multifaceted. The State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to the State of Registry to ensure safety. The State of Registry, in this case, CASA, must assess this information and, if necessary, issue an Australian AD to ensure compliance with the ADs issued by the State of Design. This is particularly relevant when the State of Design is an ICAO Contracting State, such as the United States in the case of the AD 2008-03-02 affecting Cessna 172R and 172S aeroplanes.
The Act and the Regulations also set out the consequences for non-compliance with ADs. While specific offences, penalties, or civil and criminal consequences are not detailed within the given text, the issuance of ADs is a significant regulatory tool for enforcing compliance. Failure to adhere to an AD could potentially lead to enforcement actions under the Civil Aviation Act 1988, including fines or other civil penalties for non-compliance. Such actions are designed to uphold the highest safety standards in the Australian aviation industry, reflecting Australia's commitment to international aviation safety conventions.