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 2005-13-10 affecting Cessna 182 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 180/87, which will become effective on 1 September 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 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 Commonwealth Parliament, was designed to establish a comprehensive framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation, as per section 98. Complementing this, the Civil Aviation Safety Regulations 1998, under regulation 39.001, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, detailed in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and are classified as legislative instruments according to the Legislative Instruments Act 2003. The objective of these regulations is to ensure that Australia meets its international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has the primary responsibility for the continuing airworthiness of aircraft types and must furnish necessary information to the States of Registry to uphold this airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation applies to all aircraft registered in Australia, and the ADs issued by CASA are intended to ensure the safety of air navigation. Each AD is considered a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. While the ADs are generally made in response to international obligations under the Convention on International Civil Aviation, CASA retains the discretion to issue directives that reflect Australia's national airworthiness standards. These directives do not require public consultation as they are primarily technical mandates aimed at maintaining the airworthiness of aircraft and are not subject to the need for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as per the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations under this legislation include a clear delineation of responsibilities between the State of Design and the State of Registry. The State of Design, which in this case is the United States for Cessna 182 model aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing any necessary information to ensure the airworthiness of the type. The State of Registry, in this instance CASA acting on behalf of Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA is required to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failing to comply with an AD can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline the specific offences, penalties, or civil/criminal consequences for non-compliance with an AD. However, non-compliance with ADs can lead to severe safety risks and potential legal actions. CASA has the authority to take enforcement actions against operators who do not comply with ADs, which may include grounding the aircraft until the required actions are taken, fines, or other regulatory sanctions. Given the critical nature of airworthiness directives, it is paramount for all parties involved to adhere strictly to these regulations to ensure the safety of air navigation.