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 2008-26-10 affecting Cessna 185 type aeroplanes. The United States is the State of Design for this aeroplane type. CASA has assessed this AD and has issued Australian AD/CESSNA 185/50, which will become effective on 16 January 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 provide for the regulation of civil aviation in Australia, focusing on safety and efficiency within the industry. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review, as stipulated in the Legislative Instruments Act 2003. The Act underscores Australia's commitment to international standards by aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types and must share necessary information with States of Registry. CASA, as Australia's national airworthiness authority, is tasked with ensuring that Australian-registered aircraft meet international safety standards by issuing corresponding ADs when required. This approach was exemplified by the issuance of AD/CESSNA 185/50 in response to a United States Federal Aviation Administration AD, demonstrating Australia's adherence to global civil aviation safety protocols.
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 specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to mandate safety requirements in the interests of air navigation safety, as per section 98 of the Civil Aviation Act 1988. The issuance of ADs is influenced by international obligations, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type. Consequently, when the United States, as the State of Design for the Cessna 185 type aeroplanes, issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD. This process ensures that the requirements set by the State of Design are enforced within the Australian aviation sector. The AD becomes effective on the specified date, in this case, 16 January 2009. Given the international nature of such directives, public consultation and a Regulatory Impact Statement are not required, as determined by the Office of Regulatory Review. The AD is issued by CASA under the authority of the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, as stipulated in section 98. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products through regulation 39.001. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as defined in section 6 of the Legislative Instruments Act 2003.
These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure its airworthiness. The State of Registry, where the aircraft is registered, has the duty to develop or adopt requirements to ensure the continuing airworthiness of aircraft under this annex. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the United States Federal Aviation Administration (FAA) issued AD 2008-26-10 concerning Cessna 185 type aeroplanes. As the United States is the State of Design for this aeroplane type, CASA evaluated this AD and subsequently issued Australian AD/CESSNA 185/50, effective from 16 January 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been required. The Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issued this AD on behalf of CASA in accordance with subsection 84A(2) of the Act.
In terms of obligations, the Act imposes several requirements on the parties and entities it governs. The State of Design must provide essential information to ensure the continuing airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to maintain this airworthiness. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and issue Australian ADs when necessary. Additionally, all ADs must adhere to the legislative framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with these ADs can result in significant consequences, including both civil and criminal penalties.
For breaches of the ADs, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline various offences and penalties. Non-compliance with ADs can result in enforcement actions, including fines and potential criminal charges. The maximum penalties for such breaches depend on the severity and intent behind the non-compliance, with potential outcomes ranging from substantial fines to imprisonment. It is essential for all parties governed by these regulations to adhere strictly to the issued ADs to avoid these consequences and ensure the continued safety of air navigation.