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 CASA issued AD/CESSNA 180/31, Amendment 4, affecting Cessna 180 series aircraft, in 1985. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the AD to allow a component to be repaired rather than replaced. The amended AD, AD/CESSNA 180/31 Amendment 5, will become effective on 3 August 2006. 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 Parliament of Australia, was introduced to ensure the safety and regulation of civil aviation within Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to ensure compliance with international standards and obligations, such as those set forth in Annex 8 to the Convention on International Civil Aviation, by maintaining the continuing airworthiness of aircraft. This legislative framework ensures that Australia meets its international commitments while maintaining stringent safety standards domestically.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are binding legislative instruments that ensure the continuing airworthiness of aircraft registered in Australia. These ADs apply to specific types of aircraft or aeronautical products as determined by CASA, in compliance with the international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to the obligations Australia has under this convention and are directly related to the continuing airworthiness responsibilities of the State of Design and the State of Registry. In the specific case of AD/CESSNA 180/31 Amendment 5, CASA has amended the AD to allow for the repair rather than replacement of a component on Cessna 180 series aircraft, reflecting an industry request and effective from 3 August 2006. This amendment cancels and replaces the previous AD. Due to the international nature and specific industry focus of these directives, there has been no public consultation, and the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The ADs are made by authorised CASA personnel in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. An example of this process is the AD/CESSNA 180/31, Amendment 5, which pertains to the Cessna 180 series aircraft and was issued by CASA in response to an AD from the United States, the State of Design for this aircraft type. This AD, which will take effect on 3 August 2006, modifies the previous version to allow for the repair of a specific component rather than requiring its replacement.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a significant responsibility on CASA as Australia's national airworthiness authority. When a State of Design issues an AD, CASA must review the information provided and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. Additionally, the State of Registry for an aircraft must develop or adopt requirements to maintain the continuing airworthiness of the aircraft. In this context, CASA, acting on behalf of the Australian government, ensures that the Australian aviation sector adheres to international obligations under the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for non-compliance with ADs. However, the overarching framework under which these ADs are issued suggests that failure to comply with airworthiness directives could lead to severe consequences, including potential grounding of the aircraft, legal action, or other regulatory penalties. The seriousness of non-compliance is underscored by the mandatory nature of ADs, which are issued to ensure the safety of air navigation.