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 has issued AD 2009-04-05 affecting Cessna 182Q and R model aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/CESSNA 180/95 which will become effective on 27 March 2009.
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, Systems and New Technologies, in the Airworthiness Engineering Group, 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 a comprehensive legal framework governing air navigation, aircraft operations, and related activities. The Act provides the authority for the issuance of regulations, such as the Civil Aviation Safety Regulations 1998, which establish specific safety standards and requirements. One such regulation, 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety measures for particular aircraft types or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these directives is essential for ensuring the continuing airworthiness of aircraft as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. This legislative framework enables CASA to act on directives issued by the State of Design, thereby fulfilling Australia's international obligations and ensuring the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, is tasked with ensuring that individual aircraft meet continuing airworthiness requirements. When a State of Design issues an AD, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. This process is exemplified by the issuance of Australian AD/CESSNA 180/95 in response to the United States’ AD 2009-04-05 for Cessna 182Q and R model aircraft, reflecting Australia's commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus constitutes a legislative instrument as per the Legislative Instruments Act 2003. ADs are crucial for ensuring the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, with the State of Design holding the primary responsibility for providing necessary information to the States of Registry. The State of Registry, in turn, is responsible for the individual aircraft's continuing airworthiness and must implement or adopt requirements to ensure it. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to issue ADs when required by Australia's obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design. For instance, the United States, as the State of Design for Cessna 182Q and R model aircraft, issued AD 2009-04-05. CASA assessed this AD and subsequently issued Australian AD/CESSNA 180/95, which will take effect on 27 March 2009. Given that these ADs are issued in compliance with international obligations and in response to directives from the State of Design, there was no consultation with the Australian public, and the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by these ADs include ensuring that the continuing airworthiness of the aircraft in question is maintained in accordance with the specified requirements. This involves adhering to the directives issued by CASA, which are based on assessments of information from the State of Design. Operators of affected aircraft must comply with these ADs to ensure safety and regulatory compliance. Failure to comply with ADs can result in serious consequences, including the potential grounding of aircraft, enforcement actions by CASA, and legal penalties. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the legal framework within which these ADs operate, with penalties for non-compliance potentially including fines and imprisonment. The specifics of penalties are not detailed in the provided text, but they can be significant and are intended to enforce compliance with safety standards.