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.
CASA raised AD/CESSNA 205/3 Amendment 1 to detect cracks in plastic control wheels in Cessna 205 model aircraft in 1969. As a result of a review of this AD, CASA has amended the directive to remove reference to an outdated Cessna Service Letter. AD/CESSNA 205/3 Amendment 2 will become effective on 30 July 2009. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the amendment reduces the regulatory burden on Australian industry.
The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes and Structures on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. The Act provides the legislative framework for the regulation of air navigation and aircraft operations, and empowers the Civil Aviation Safety Authority (CASA) to issue regulations and directives that contribute to these objectives. One such regulation is the Civil Aviation Safety Regulations 1998, which enables CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, serve to maintain the continuing airworthiness of aircraft in accordance with international standards. The Civil Aviation (Airworthiness Directives) Determination 2009, for example, amends an existing AD to address cracks in the plastic control wheels of Cessna 205 model aircraft, reflecting CASA's commitment to safety while also considering the impact on industry. The determination was made by the Manager, Airframes and Structures on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are mandated by section 98 of the Civil Aviation Act 1988, with the overarching objective of ensuring the safety of air navigation. Such directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are documented in accordance with the Legislative Instruments Act 2003. The scope of these regulations is extensive, applying to all aircraft and aeronautical products registered in Australia, ensuring that they meet the continuing airworthiness standards stipulated by both the State of Design and the State of Registry. This jurisdictional reach is consistent with international standards set out in Annex 8 to the Convention on International Civil Aviation. While the ADs are designed to maintain high safety standards, they do not necessitate consultation with the Australian industry or the public unless it involves significant regulatory changes, as was deemed unnecessary for the recent amendment to AD/CESSNA 205/3. This particular AD, which aims to address issues such as cracks in plastic control wheels in Cessna 205 model aircraft, is an example of how CASA implements and enforces airworthiness directives within the Australian regulatory framework.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) grants the Civil Aviation Safety Authority (CASA) the authority 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, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs serve as a crucial tool for maintaining the airworthiness of aircraft, in accordance with international standards outlined in Annex 8 to the Convention on International Civil Aviation.
Under these provisions, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to States of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design. This collaborative approach ensures that safety standards are consistently applied across jurisdictions.
One specific instance of this regulatory process is evident in AD/CESSNA 205/3 Amendment 1, which was raised by CASA to address cracks in plastic control wheels in Cessna 205 model aircraft manufactured in 1969. Following a review, CASA amended this directive to remove outdated references, resulting in AD/CESSNA 205/3 Amendment 2, which will take effect on 30 July 2009. This amendment cancels and replaces the previous directive. CASA did not consult with the Australian industry and public for this amendment because it was determined to reduce the regulatory burden on the industry. Additionally, the Office of Best Practice Regulation has assessed that ADs do not require a Regulatory Impact Statement, streamlining the amendment process.
Non-compliance with ADs can lead to serious safety risks and legal consequences. Under the Civil Aviation Act 1988, operators and owners of aircraft are legally required to adhere to ADs. Failure to comply with an AD may result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for non-compliance can vary, but they are designed to enforce strict adherence to safety regulations and ensure the continued safety of air navigation. CASA enforces these regulations rigorously to maintain high safety standards in the aviation industry.