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 2006-01-11, affecting Cessna 208 series aeroplanes. The United States is the State of Design for this type. The FAA has identified an error in their AD which has been reproduced in AD/CESSNA 208/19 Amendment 1. As a result, CASA has amended the equivalent Australian AD to AD/CESSNA 208/19 Amendment 2 which will become effective on 27 September 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 a comprehensive legislative framework for civil aviation in Australia, ensuring safety and efficiency in the industry. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives (ADs), to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory processes, including the authority of the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as critical instruments for ensuring the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and issuing ADs in response to directives from the aircraft's State of Design, ensuring compliance with both domestic and international aviation safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These ADs are legislative instruments and serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft as stipulated by the Convention on International Civil Aviation. The State of Design of an aircraft type is responsible for providing necessary information to ensure its airworthiness, while the State of Registry must adopt measures to maintain this airworthiness. In the case of Australia, CASA must issue corresponding ADs when a State of Design issues one for aircraft registered in Australia. For example, in response to the United States Federal Aviation Administration’s AD 2006-01-11 concerning Cessna 208 series aeroplanes, CASA issued AD/CESSNA 208/19 Amendment 2 to rectify an error in the initial Australian AD. The issuance of such ADs is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (reg 39.001). These ADs are legislative instruments that mandate the continuing airworthiness of aircraft types, ensuring they meet safety standards (reg 39.001(5)). When an AD is issued by the State of Design, CASA must assess the information and issue an equivalent Australian AD if necessary (Annex 8 to the Convention on International Civil Aviation). The AD must be issued by a designated manager within CASA, following the correct procedures outlined in the Civil Aviation Act 1988 (s 84A(2)).
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed include the responsibility of the State of Design to provide information necessary to ensure continuing airworthiness, as well as the State of Registry’s duty to develop or adopt requirements to ensure the continuing airworthiness of aircraft (Annex 8). CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design (Annex 8). The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, must make the AD in accordance with the provisions of the Civil Aviation Act 1988.
There are no specific offences or penalties outlined in the Civil Aviation Safety Regulations 1998 concerning ADs. However, failure to comply with an AD could result in severe consequences, including the grounding of aircraft and potential civil or criminal liability. The Civil Aviation Act 1988 provides for enforcement measures that can be taken against individuals or entities that fail to comply with ADs. The maximum penalties for breaches may vary depending on the nature and severity of the breach, but they can include substantial fines and imprisonment.