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 ensure the safety and efficiency of civil aviation in Australia. It provides the legislative framework for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are crucial for ensuring that aircraft meet continuing airworthiness standards as mandated by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing ADs based on information provided by the State of Design, in this case, the United States Federal Aviation Administration (FAA). The issuance of these ADs for various Cessna aircraft types is a direct response to AD 2008-10-02 issued by the FAA, and no public consultation was required as these ADs are issued in response to international obligations and directives from the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft and aeronautical products, as outlined under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The authority to issue such directives stems from section 98 of the Civil Aviation Act 1988, empowering the Governor-General to create regulations in the interests of air navigation safety. Each AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must share necessary information with the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is mandated to evaluate this information and, if deemed necessary, issue Australian ADs to enforce the requirements set by the State of Design. These ADs extend their application to aircraft registered in Australia and are aimed at ensuring compliance with international standards for airworthiness.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to create regulations that ensure the safety of air navigation, which includes the issuance of ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to assess information provided by the State of Design and, when necessary, issue Australian ADs to ensure compliance with the requirements for continuing airworthiness. This includes ensuring that all aircraft registered in Australia meet the standards set forth by international agreements, such as Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for the ongoing airworthiness of individual aircraft and must implement the requirements specified in any ADs issued by the State of Design.
In the case of ADs issued by the United States Federal Aviation Administration (FAA), CASA must evaluate the information and issue corresponding Australian ADs if deemed necessary. For instance, FAA AD 2008-10-02, which affects various Cessna aircraft series, has been assessed by CASA, leading to the issuance of Australian ADs that will become effective on 13 May 2008. These ADs are made without public consultation, as they are mandated by international obligations and are direct responses to ADs issued by the State of Design.
The consequences for non-compliance with these ADs are significant. Violation of ADs can result in serious safety hazards, potentially leading to both criminal and civil penalties. Under section 97 of the Civil Aviation Act 1988, non-compliance can lead to criminal charges, with penalties including substantial fines and imprisonment. Furthermore, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft, imposing fines, or taking other regulatory actions to ensure compliance with the ADs. The severity of these penalties underscores the critical importance of adhering to the airworthiness directives to maintain the safety of air navigation.