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 207 series aeroplanes. The United States is the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/CESSNA 207/40, 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, enacted by the Parliament of Australia, was established to ensure the safety of air navigation, as well as to provide a comprehensive regulatory framework for the aviation industry. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently created, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The issuance of ADs is a crucial mechanism to ensure the continuing airworthiness of aircraft, aligning with Australia’s international obligations under the Convention on International Civil Aviation, specifically Annex 8. This legislation mandates that CASA assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to maintain safety standards. As these ADs are a direct response to international obligations and pre-existing international directives, they are issued without public consultation, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. This legislative instrument reflects the policy objective of maintaining the highest safety standards in Australia's aviation sector while fulfilling international commitments.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered disallowable instruments under section 6 of the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and, if appropriate, issue Australian ADs to enforce the requirements. The ADs extend nationally across Australia and are designed to ensure compliance with international standards for aircraft safety and airworthiness.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and are recognised as such under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily on CASA, as the national airworthiness authority. CASA must assess any ADs issued by the State of Design—the country responsible for the aircraft type's design—and, if necessary, issue a corresponding 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 207 series aeroplanes, and CASA responded by issuing Australian AD/CESSNA 207/40, effective from 16 January 2009.
The State of Registry, which in this case is Australia, has the responsibility for the continuing airworthiness of individual aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Registry must adopt or develop the necessary requirements to maintain airworthiness. This includes responding to ADs from the State of Design and ensuring compliance with any mandated requirements. The ADs are designed to maintain the airworthiness of aircraft types, ensuring they meet safety standards as stipulated by the relevant authorities.
Breach of the requirements outlined in these ADs can have serious consequences. While the Civil Aviation Act 1988 does not specify penalties for non-compliance, the overarching aviation safety regulations impose significant penalties. Failure to comply with an AD can result in the aircraft being deemed unairworthy, which can lead to grounding and possible criminal charges. The specific penalties can vary but may include fines, imprisonment, or both, depending on the severity of the non-compliance and its impact on aviation safety. These measures underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.