CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-05-53 R1 affecting Cessna 182 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 180/86, which will become effective on 14 March 2005.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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 regulation of civil aviation and to establish the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. This Act aims to ensure the safety of air navigation by allowing the Governor-General to make regulations in the interest of safety. One significant aspect of this legislation is the ability of CASA to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, thereby ensuring the continuing airworthiness of aircraft types registered in Australia. These ADs are issued in compliance with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for an aircraft type’s airworthiness. The Civil Aviation Act 1988, enacted by the Parliament of Australia, seeks to maintain high safety standards in civil aviation through regulatory measures, including the issuance of ADs to address identified safety issues.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 together govern the issuance of airworthiness directives (ADs) in Australia, with the primary aim of ensuring the safety of air navigation. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their creation follows the conventions outlined in Annex 8 to the Convention on International Civil Aviation. The issuing of these directives is integral to fulfilling Australia's obligations under international civil aviation agreements, particularly when responding to ADs issued by the State of Design. For instance, CASA issued Australian AD/CESSNA 180/86 in response to an AD issued by the US Federal Aviation Administration for the Cessna 182 model aircraft. This legislative framework applies to aircraft registered in Australia and those manufactured under the auspices of Australian States of Design, thereby extending its reach to various entities within the aviation industry. The scope of the Act and Regulations is national, and they do not mandate public consultation for ADs issued in response to international obligations. The creation of ADs can also be extended or restricted through subordinate instruments, reflecting the dynamic nature of aviation safety standards.
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) (sections 98 and 39.001). Section 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that an AD is a disallowable instrument, which means it is subject to the scrutiny of Parliament and can be reviewed or disallowed. This legislative instrument is issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types registered in Australia, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act on CASA and other relevant authorities include assessing the necessity and appropriateness of issuing an AD when a State of Design issues one for a type of aircraft registered in Australia. CASA, as Australia's national airworthiness authority, must ensure that Australian ADs are issued to mandate the requirements of the State of Design when necessary. This process is governed by Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and the State of Registry the responsibility for ensuring the continuing airworthiness of individual aircraft. In the case of the Cessna 182 model aircraft, CASA has issued Australian AD/CESSNA 180/86, reflecting the AD issued by the US Federal Aviation Administration (FAA), the State of Design.
Failure to comply with an AD can lead to severe consequences under the Civil Aviation Act 1988. The Act does not explicitly state specific offences or penalties for non-compliance with ADs; however, non-compliance with airworthiness requirements can result in enforcement actions, including the prohibition of flight of the aircraft until compliance is achieved. Additionally, CASA may take further action against the aircraft operator or owner, including fines and potential criminal charges for serious violations. The exact penalties for breaches are not specified in the Act but are determined in the context of the broader regulatory framework and case-specific circumstances.