CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-07-01 affecting Cessna model 208 aircraft. USA is the State of Design for Cessna 208 aircraft. CASA has assessed this AD and has issued Australian AD/CESSNA 208/17, original issue, which will become effective on 7 July 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General is empowered to make regulations in the interests of air navigation safety, and the Civil Aviation Safety Regulations 1998 further detail these regulatory requirements. The Act addresses gaps in aviation safety by enabling the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) has the authority to issue these ADs, which are legislative instruments, in line with international obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft and aeronautical products maintain their airworthiness, thus safeguarding public safety and compliance with international standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to mandate continuing airworthiness standards, aligning with international 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 for aircraft airworthiness. In the case of foreign ADs, such as the USA FAA's AD 2005-07-01 for Cessna model 208 aircraft, CASA evaluates the necessity to issue corresponding Australian ADs to ensure compliance with both international standards and local regulatory requirements. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is executed by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that align with the Act's objectives, particularly focusing on air navigation safety. One significant regulation under this authority is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are deemed to be disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are thus classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the obligations stipulated by Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to the States of Registry to maintain the aircraft's airworthiness. Correspondingly, the State of Registry must develop or adopt requirements to ensure the ongoing airworthiness of registered aircraft. In Australia, CASA, as the national airworthiness authority, evaluates information from the State of Design and, if deemed necessary, issues Australian airworthiness directives to enforce the requirements of the State of Design.
In the case of the Cessna model 208 aircraft, the United States Federal Aviation Administration (FAA) issued AD 2005-07-01, reflecting the USA's role as the State of Design. CASA, acknowledging this AD, assessed the information and subsequently issued Australian AD/CESSNA 2008/17, which was set to take effect from 7 July 2005. This process adheres to Australia's international obligations under the Convention on International Civil Aviation and CASA's duty to respond to directives from the relevant State of Design. Given the international nature of this directive, no public consultation was required, and the Office of Regulatory Review concluded that no Regulatory Impact Statement was necessary.
Regarding the potential consequences of non-compliance, the Act does not explicitly outline offences or penalties in the context of airworthiness directives. However, failing to comply with an airworthiness directive could potentially lead to civil or criminal liability under broader provisions of the Civil Aviation Act 1988, depending on the circumstances and extent of non-compliance. This might include enforcement actions by CASA, which could range from fines to more severe penalties depending on the severity of the breach.