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 has issued AD 2006-06-06 affecting Cessna 208 aeroplanes. The United States is the State of Design for these aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/17. The cancellation will become effective on 11 May 2006. A replacement AD/CESSNA 208/20 has been issued which addresses FAA AD 2006-06-06.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 provide a legal framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations necessary for the interests of aviation safety, as exemplified by the Civil Aviation Safety Regulations 1998. One of the key provisions of the Act is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments that mandate safety requirements for aircraft and aeronautical products. This regulatory mechanism is crucial for ensuring that aircraft remain airworthy and meet international standards as set out in the Convention on International Civil Aviation. The ADs are intended to address specific safety issues identified by the State of Design, and CASA, as the national airworthiness authority, has the responsibility to assess and implement these directives within Australia. The policy objective is to align Australian aviation practices with international safety standards and to ensure the safety of air navigation within the country.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. The ADs are crucial in implementing international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design by either issuing a corresponding Australian AD or cancelling an existing one as appropriate, without necessarily requiring public consultation or a Regulatory Impact Statement. This mechanism ensures that Australian aviation standards align with international requirements and maintain the safety of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. These directives are legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Essentially, ADs are tools used to ensure the continuing airworthiness of aircraft, mandated by Annex 8 to the Convention on International Civil Aviation. In Australia, the Civil Aviation Safety Authority (CASA) is responsible for issuing such directives when the State of Design issues an AD affecting aircraft on the Australian Register.
The obligations imposed by these provisions require CASA to evaluate and, if necessary, issue ADs to ensure compliance with international standards. The State of Registry, which in Australia is CASA, must adopt or develop requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. This means CASA must take action when a State of Design issues an AD, such as the one from the United States concerning the Cessna 208 aeroplanes. CASA must assess the AD and decide whether to issue a corresponding Australian AD, as was done with AD/CESSNA 208/20. The obligation to issue such directives is crucial for ensuring that all aircraft operating in Australia meet the required safety standards.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can be an offence. Such non-compliance may lead to civil or criminal penalties, which can include substantial fines and potential imprisonment. The severity of the penalties reflects the importance of adhering to ADs, as they are designed to prevent accidents and ensure public safety. It is imperative for aircraft operators to understand and comply with these directives to avoid legal repercussions and to maintain the safety of air navigation.
Additionally, the process for issuing and cancelling ADs is governed by specific procedures within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. For example, when CASA cancels an AD, such as AD/CESSNA 208/17 in response to a new AD issued by the United States, it must follow the legislative framework that allows for such actions. This process does not always require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, issues these directives on behalf of CASA, ensuring that all actions are taken in accordance with the provisions of the Act.