CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVES
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 2008-10-02 affecting Cessna 172, 175, 180, 182, 185, 205 (210-5) 206, 207, 208, 210 and 303 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 13 May 2008.
As these ADs are issued because of Australia’s obligations under Convention on International Civil Aviation, and because they are issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on these ADs. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The ADs have been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
AD/CESSNA 170/83
AD/CESSNA 180/93
AD/CESSNA 185/49
AD/CESSNA 205/24
AD/CESSNA 206/65
AD/CESSNA 207/39
AD/CESSNA 208/22
AD/CESSNA 210/74
AD/CESSNA 303/13
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The issuance of ADs is integral to Australia's adherence to international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs to mandate the necessary requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, as authorised by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The issuance of an AD is a legislative instrument as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The State of Design, such as the United States for certain Cessna aircraft series, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure airworthiness. The State of Registry, in this case, CASA as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. The ADs listed in Schedule 1 for various Cessna aircraft series, issued by CASA, will become effective on 13 May 2008. Given the international obligations under the Convention on International Civil Aviation, no public consultation has been required for these ADs, and they have been issued by CASA in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of civil aviation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (r 39.001). These ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and fall within the definition of legislative instruments under section 6 of the Legislative Instruments Act 2003 (r 39.001(5)).
The obligations under these regulations primarily concern the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of an aircraft type, must provide necessary information to ensure the continuing airworthiness of that type, as stipulated in Annex 8 to the Convention on International Civil Aviation. When such information is issued in the form of an AD, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the aircraft’s continuing airworthiness. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue Australian ADs to enforce the requirements (r 39.001). This ensures that all relevant aircraft in Australia comply with the safety standards set by the State of Design.
Failure to comply with ADs can lead to severe consequences. Although the issuance of these specific ADs did not require public consultation due to Australia's obligations under the Convention on International Civil Aviation, non-compliance with ADs can result in enforcement actions. CASA can take various measures to ensure compliance, which may include grounding aircraft that do not meet the required standards. The penalties for non-compliance can include fines and other sanctions as stipulated under the relevant sections of the Civil Aviation Act 1988 and associated regulations. The exact penalties depend on the severity of the non-compliance and the specific circumstances of each case.