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 73-16-02 affecting Cessna 188 series aeroplanes. The United States is the State of Design for this aeroplane series. As a result of a request from industry has amended the equivalent Australian AD with the requirements of the State of Design AD. The AD, AD/CESSNA 188/20 Amendment 2, will become effective on 12 March 2009. This AD cancels and replaces the previous issue.
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 Acting Manager, Airframe & Structures 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 a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are regulated by the Legislative Instruments Act 2003. The issuance of ADs is a critical component of ensuring the continuing airworthiness of aircraft, as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. In this context, CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as the United States in the case of the Cessna 188 series aeroplanes, by assessing and, if necessary, issuing equivalent Australian ADs to maintain compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments that mandate compliance with specific airworthiness standards. The ADs are grounded in Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. In the context of this specific AD, the United States, as the State of Design for the Cessna 188 series aeroplanes, issued AD 73-16-02, prompting CASA to issue a corresponding Australian AD to align with the international safety requirements. The AD, identified as AD/CESSNA 188/20 Amendment 2, becomes effective on 12 March 2009, replacing the previous AD. Given the nature of ADs as international safety measures, no public consultation was undertaken, and the Office of Best Practice Regulation has confirmed that such ADs do not require a Regulatory Impact Statement. The AD was made by the Acting Manager, Airframe & Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Act grants the Governor-General the authority to create regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is classified as a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that ADs hold legal force and are subject to parliamentary scrutiny.
The obligations imposed by the ADs primarily rest on the State of Design, which is responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This State must provide all necessary information to the appropriate States of Registry to ensure the aircraft's continuing airworthiness. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. The State of Registry is also tasked with developing or adopting requirements to maintain the aircraft's airworthiness. This collaborative approach ensures that all parties involved in the design, registration, and operation of aircraft adhere to stringent safety standards.
Failure to comply with ADs can lead to serious consequences. Non-compliance may result in civil or criminal penalties, depending on the severity and intent behind the breach. For instance, operating an aircraft that does not meet the requirements of an AD could lead to enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates. The exact penalties can vary, but they are designed to enforce compliance and ensure the safety of air navigation. It is crucial for all stakeholders, including aircraft operators, maintenance personnel, and regulatory bodies, to understand and adhere to the ADs to prevent accidents and maintain high safety standards in aviation.