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 USA FAA has issued AD 2006-17-04 affecting Cessna 206H and Cessna T206H series aircraft. USA is the State of Design for Cessna aircraft types. CASA has assessed this AD and has issued Australian AD/CESSNA 206/62 which will become effective on 4 September 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 air navigation within Australia. This legislation empowers the Governor-General to create regulations in the interest of air navigation safety, which is further supported by the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products, thereby ensuring compliance with international standards for aircraft airworthiness. This process is vital to maintaining the safety and reliability of aircraft operating in Australia, aligning with Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The ADs issued by CASA reflect Australia's obligations under these international agreements, ensuring that Australian aviation practices are harmonized with global standards.
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) concerning specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are a legislative instrument, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Design, in this case, the United States of America for Cessna aircraft, holds the responsibility for the airworthiness of aircraft types and must provide necessary information to ensure their continued safety. CASA, as Australia's national airworthiness authority, evaluates this information and, if necessary, issues corresponding Australian ADs to enforce the safety requirements established by the State of Design. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation and ensures that Australian-registered aircraft meet global safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) as stipulated in section 98 of the Act and regulation 39.001 of the Regulations. These ADs are legislative instruments that pertain to the types of aircraft or aeronautical products, designed to ensure the safety of air navigation. Section 39.001(5) of the Regulations also specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. The ADs are crucial as they embody the continuing airworthiness information, mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility of ensuring the airworthiness of an aircraft type on the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the requirement for CASA, as Australia's national airworthiness authority, to evaluate any AD issued by the State of Design concerning aircraft registered in Australia. This obligation arises because of Australia's commitments under the Convention on International Civil Aviation, which mandates that the State of Registry—in this case, Australia—must ensure the continuing airworthiness of aircraft. Therefore, when the USA, as the State of Design for Cessna aircraft types, issues an AD such as AD 2006-17-04, CASA must assess this directive and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This was precisely what occurred with AD/CESSNA 206/62, which CASA issued in response to the USA FAA's AD 2006-17-04 and which became effective on 4 September 2006.
Failing to comply with the airworthiness directives could result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered a breach of the regulations, which may lead to various penalties. The specific consequences for breach are not detailed in the provided text; however, generally, such breaches could result in civil or criminal penalties depending on the severity of the violation. The exact nature of the penalties would need to be examined within the broader context of the Civil Aviation Act 1988 and other relevant aviation legislation. It is crucial for all parties governed by these regulations to adhere to the ADs to maintain the safety standards required by international civil aviation agreements.