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 2007-09-01 affecting Cessna model 182 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 180/90, which will become effective on 27 April 2007.
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, enacted by the Australian Parliament, provides a legal framework for the regulation of civil aviation in Australia. It was introduced to address the need for a comprehensive legislative structure governing the safety, efficiency, and orderly development of civil aviation in the country. This Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, allow CASA to issue airworthiness directives for specific kinds of aircraft or aeronautical products. These directives serve as a means to mandate continuing airworthiness requirements and are crucial in maintaining the safety standards of aircraft registered in Australia. The policy objective of these regulations is to ensure the highest standards of safety in civil aviation, in line with Australia’s international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. These regulations apply to aircraft and aeronautical products registered in Australia, ensuring adherence to international standards for airworthiness. The authority to issue ADs is derived from regulation 39.001, which empowers CASA to mandate specific safety measures based on assessments of ADs issued by the State of Design. These measures are crucial for maintaining the continuing airworthiness of aircraft types registered in Australia. Geographic jurisdiction for these directives extends nationally, ensuring compliance across all states and territories. While ADs are legislative instruments subject to disallowance, they do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and assessments. The ADs are issued by CASA on behalf of the Minister for Infrastructure and Transport, ensuring alignment with the Convention on International Civil Aviation and other international agreements.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety and airworthiness of aircraft in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This means that CASA can mandate specific actions to ensure that aircraft remain safe and airworthy throughout their operational life. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed on parties by these regulations are significant. The State of Design, which is the country where the aircraft type was designed, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the airworthiness of individual aircraft. For example, when the United States Federal Aviation Administration (FAA) issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to mandate the same requirements.
Failure to comply with an AD can result in serious consequences. The Act and the Regulations establish both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties can result in imprisonment. The exact penalties are not specified within the excerpt, but they are designed to ensure that all parties adhere strictly to the airworthiness directives to maintain the highest safety standards in aviation.
The process for issuing an AD, such as AD 2007-09-01 affecting Cessna model 182 aircraft, is rigorous. The FAA issued this AD, and as the United States is the State of Design, CASA assessed its necessity and issued Australian AD/CESSNA 180/90. This AD became effective on 27 April 2007. Given that this AD was issued due to international obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was 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, ensuring that the directive is both legally sound and aligned with international standards.