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 2007-08-03 affecting Cessna 180 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 180/88, Amendment 1, which will become effective on 25 April 2007. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation in this critical sector. Pursuant to section 98 of the Act, the Governor-General is empowered to make regulations, including the Civil Aviation Safety Regulations 1998, which provide for the issuance of airworthiness directives (ADs) to ensure the ongoing safety and airworthiness of aircraft. Under these regulations, CASA, as Australia's national airworthiness authority, has the authority to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are necessary to meet Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. In the case of AD 2007-08-03 issued by the US FAA for the Cessna 180 model, CASA has assessed and subsequently issued a corresponding Australian AD to mandate the requirements of the State of Design, reflecting Australia's commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertains to the regulation of civil aviation safety in Australia, with a specific focus on airworthiness directives (ADs) issued to ensure the safety of aircraft in operation. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. These ADs, being legislative instruments, are subject to disallowance as per the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The application of ADs extends to all aircraft registered in Australia and operates in alignment with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. Given the international nature of aviation safety standards and the obligations under the Convention, the issuance of ADs such as AD/CESSNA 180/88, Amendment 1, is executed without public consultation as it responds to international directives and is deemed not to require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These regulations are designed to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties such as CASA and States of Registry are significant. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case, CASA, must assess any information provided by the State of Design and issue an Australian AD if appropriate. This ensures that all aircraft registered in Australia meet international safety standards. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft.
Breaching the requirements set out in the ADs can lead to serious consequences. Failure to comply with an AD can result in civil or criminal penalties, depending on the severity of the breach. The Civil Aviation Safety Regulations 1998 may include specific provisions detailing the penalties for non-compliance, which can include fines and imprisonment for serious breaches. In the context of the AD for the Cessna 180 model aircraft, CASA has assessed the US Federal Aviation Administration's (FAA) AD and issued an Australian AD to ensure compliance with international safety standards. Given the critical nature of air safety, the penalties for non-compliance are intended to enforce strict adherence to the ADs and ensure the safety of air navigation in Australia.