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 issued AD 2006-0-11 Correction, affecting Cessna 208 aeroplanes. The United States is the State of Design for these aeroplanes. As a result of a request from industry, CASA has amended the equivalent Australian AD to change. The amended AD, AD/CESSNA 208/19 Amendment 1 will become effective on 11 May 2006. This AD cancels and replaces the previous issue.
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 provide for the safety of civil aviation in Australia, ensuring the protection of persons and property in air navigation. It empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. This legislation aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. Consequently, when the United States Federal Aviation Administration (FAA) issued AD 2006-0-11 for Cessna 208 aeroplanes, CASA, as Australia’s national airworthiness authority, assessed this information and issued AD/CESSNA 208/19 Amendment 1. This AD, which cancels and replaces previous directives, became effective on 11 May 2006, reflecting Australia's obligations under international conventions and the specific request from industry. The legislative process for this AD, conducted by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office on behalf of CASA, was in accordance with the Act and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the issuing of airworthiness directives (ADs) for aircraft and aeronautical products. The Act applies to the Governor-General, who has the authority to make regulations under section 98 to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products, with these directives being considered disallowable instruments under the Acts Interpretation Act 1901. The ADs serve as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The scope of these ADs extends to ensuring compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, such as Australia through CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. This is exemplified in the amendment of AD/CESSNA 208/19 Amendment 1, which reflects Australia's obligations under international conventions and CASA's response to an AD issued by the United States, the State of Design for the affected Cessna 208 aeroplanes.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This authority allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments, as they fall under the definition of disallowable instruments pursuant to section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003.
Compliance with these ADs is critical for both the State of Design and the State of Registry. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. Conversely, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the aircraft's airworthiness. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline the penalties for non-compliance with ADs; however, general aviation regulations provide for potential civil or criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment. The specifics of these penalties would depend on the particular circumstances and the severity of the non-compliance. It is important for operators and owners of affected aircraft to adhere strictly to the ADs to avoid any legal repercussions.