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 USA FAA has issued AD 2006-17-04 affecting Cessna 182T and Cessna T182T series aircraft. USA is the State of Design for Cessna aircraft types. CASA has assessed this AD and has issued Australian AD/CESSNA 180/88 which will become effective on 4 September 2006.
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 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 provide for the regulation of civil aviation in Australia, ensuring the safety of air navigation and addressing related issues. Under section 98, the Governor-General has the authority to make regulations necessary for the Act's purposes and to promote air navigation safety. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products, with these directives being subject to disallowance under the Acts Interpretation Act 1901. The issuance of these ADs is aligned with Australia's international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft, and they are a common practice among ICAO Contracting States. CASA, as Australia's national airworthiness authority, evaluates and, if necessary, issues Australian ADs to enforce the requirements of ADs issued by the relevant State of Design, ensuring compliance and safety standards are met.
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 authority is exercised to ensure the safety of air navigation, as mandated by section 98 of the Act. These directives, which are legislative instruments, serve to maintain the continuing airworthiness of aircraft as required by international conventions, such as Annex 8 to the Convention on International Civil Aviation. The State of Design has primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement necessary measures to comply with ADs issued by the State of Design. For example, CASA has issued Australian AD/CESSNA 180/88 in response to an AD from the USA Federal Aviation Administration concerning Cessna 182T and Cessna T182T series aircraft, aligning with Australia’s international obligations. This process does not involve public consultation or require a Regulatory Impact Statement, as the ADs are directly linked to international safety requirements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This provision is implemented through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments. This regulatory framework aligns with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as the entity with overall responsibility for the continuing airworthiness of an aircraft type, and mandates the provision of necessary information to States of Registry.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. This responsibility includes developing or adopting specific requirements to maintain airworthiness, as outlined in Annex 8. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as Australia's national airworthiness authority, must evaluate the information provided. If deemed appropriate, CASA issues an Australian AD to enforce the requirements set by the State of Design. For instance, the Federal Aviation Administration (FAA) of the United States has issued AD 2006-17-04 for Cessna 182T and Cessna T182T series aircraft, leading CASA to issue Australian AD/CESSNA 180/88, effective from 4 September 2006.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by this Act are multifaceted. The State of Design is required to issue ADs to ensure the continuing airworthiness of aircraft types, while the State of Registry must implement the requirements outlined in these ADs for aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance. This process is governed by the regulatory framework established under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
The breach of obligations or non-compliance with the airworthiness directives can lead to significant consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or consequences for non-compliance with ADs, the overarching Civil Aviation Act 1988 provides a framework for enforcement. Non-compliance with ADs can result in civil or criminal penalties, depending on the severity of the breach. The maximum penalties for such breaches may include fines and imprisonment, as stipulated under the relevant sections of the Civil Aviation Act 1988. It is imperative for all parties involved, including aircraft operators, manufacturers, and regulatory authorities, to adhere to the ADs to maintain the safety and airworthiness of aircraft.