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 2008-05-09 affecting Cessna 172 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 170/82, 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 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 Airworthiness Engineering Branch, 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 introduced to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) to address safety concerns related to aircraft or aeronautical products. This is authorised under section 98 of the Act, empowering the Governor-General to make regulations for air navigation safety. These directives are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective is to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the responsibility to the State of Design and requires States of Registry to adopt appropriate measures. ADs serve as a primary tool for communicating necessary safety information, often in response to directives from the aircraft's State of Design, such as the recent Australian AD/CESSNA 170/82 issued in response to a United States Federal Aviation Administration directive affecting Cessna 172 aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation, pursuant to section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. As per Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case, the United States for Cessna 172 aircraft, holds responsibility for the ongoing airworthiness of an aircraft type, while the State of Registry, which for Australian registered aircraft is CASA, must ensure the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the requirements of the State of Design. Consequently, CASA issued AD/CESSNA 170/82 following the U.S. Federal Aviation Administration's AD 2008-05-09 for Cessna 172 aircraft, effective from 8 May 2008. Given the international obligations and the response to a State of Design's AD, no public consultation or Regulatory Impact Statement is required for this AD. The AD was formulated by the Manager, New Technologies and Systems, in CASA's Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of air safety in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are crucial for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. Specifically, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 notes that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus requiring compliance with the Legislative Instruments Act 2003.
The Act and accompanying Regulations impose specific obligations on CASA and other parties. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and determine if an Australian AD is necessary to mandate the requirements of the State of Design for aircraft registered in Australia. For example, the United States Federal Aviation Administration (FAA) issued AD 2008-05-09 concerning Cessna 172 aircraft. As the State of Design, the FAA issued this directive, and CASA has evaluated its relevance and necessity for Australian-registered aircraft, subsequently issuing Australian AD/CESSNA 170/82, effective from 8 May 2008. This process ensures that Australian aircraft maintain compliance with international safety standards.
Failure to comply with ADs can lead to serious legal and safety consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline specific offences and penalties for non-compliance. For instance, any person who contravenes an AD could face substantial penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties are not specified in the provided text but generally align with the regulatory framework's intent to enforce strict compliance to maintain air safety. These provisions underscore the critical importance of adhering to airworthiness directives to protect public safety and maintain the integrity of the aviation industry.