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 2008-02-18 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 180/91, which will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations, including those necessary for maintaining the safety of air navigation, as stipulated in section 98. This legislative foundation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are essential tools for ensuring the continuing airworthiness of aircraft, reflecting Australia’s commitment to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuance of these directives, such as AD/CESSNA 180/91 in response to an American directive, underscores CASA’s role in upholding both national and international safety standards without the need for public consultation due to their regulatory nature.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. The Act authorises the Governor-General to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, classifying these ADs as legislative instruments under the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. When the State of Design, such as the US FAA in the case of the Cessna 182 model, issues an AD, CASA is required to assess and, if necessary, issue a corresponding Australian AD. This regulatory framework ensures that Australian-registered aircraft comply with international safety standards, reflecting Australia’s commitment to aviation safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under this regulation, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. An AD, as described in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These directives serve as the primary means for disseminating continuing airworthiness information, as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a significant burden on CASA to assess and implement ADs issued by the State of Design. In the case of the Cessna 182 model aircraft, the United States, as the State of Design, issued AD 2008-02-18. CASA, as the national airworthiness authority in Australia, was required to evaluate this directive and, if necessary, issue an Australian AD to enforce the requirements set by the US. This process is mandated by Annex 8, which stipulates that the State of Registry must ensure the continuing airworthiness of aircraft within its jurisdiction. Therefore, CASA's role is to ensure that the Australian AD/CESSNA 180/91, which will take effect on 13 March 2008, aligns with the international safety standards and obligations under the Convention on International Civil Aviation.
In issuing ADs, CASA is not required to consult the Australian public or prepare a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This determination is based on the fact that ADs are issued in response to international obligations and directives from the relevant State of Design, which inherently ensures that public safety is a primary consideration. The AD for the Cessna 182 model aircraft was made by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This systematic approach ensures that all necessary measures are taken to maintain the safety and airworthiness of aircraft registered in Australia.