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 USA FAA issued 2006-01-11R1, affecting Cessna 208 aircraft, in 2006. The USA is the State of Design for Cessna 208. As a result of a request from industry, CASA has amended the equivalent Australian AD to change the applicability. The amended AD, AD/CESSNA 208/19 Amdt 3, will become effective on 26 July 2010. 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and operations. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are a legislative instrument used to mandate the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The objective is to ensure that all aircraft meet safety standards set by the State of Design and adopted by the State of Registry, in this case, Australia. This particular AD, affecting Cessna 208 aircraft, was issued by CASA to align with an AD from the USA Federal Aviation Administration, the State of Design for this aircraft type, and is effective from 26 July 2010.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. Under the legislative framework, an AD is considered a disallowable instrument and, as such, a legislative instrument in accordance with the Legislative Instruments Act 2003. The geographic reach of this legislation pertains to the national jurisdiction of Australia, with CASA acting as the national airworthiness authority. ADs are issued to maintain the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8. The ADs are issued in response to directives from the State of Design, with CASA playing a critical role in assessing and, if necessary, mandating the requirements for Australian-registered aircraft. Exemptions and thresholds for ADs are determined on a case-by-case basis, with no general public consultation required as these directives are rooted in international obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products (39.001). These directives are designed to ensure the safety and airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (39.001(5)). In the context of international obligations, the State of Design, which is responsible for the design of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type, and this is typically communicated through ADs. The State of Registry, which is responsible for the individual aircraft, must ensure the continuing airworthiness by adopting or developing appropriate requirements.
For entities such as CASA, the obligations are stringent as they must assess any ADs issued by the State of Design and, if necessary, issue an equivalent AD for the Australian context. This ensures that Australian-registered aircraft comply with international safety standards. In this particular case, CASA amended the Australian AD for Cessna 208 aircraft in response to an AD issued by the USA Federal Aviation Administration (FAA). The amendment, AD/CESSNA 208/19 Amdt 3, updates the original directive and is set to become effective on 26 July 2010. Given the international obligations under the Convention on International Civil Aviation and the specific nature of ADs, there was no requirement for public consultation or a Regulatory Impact Statement.
Failure to comply with an AD can have serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions which may include fines, imprisonment, or both, depending on the severity of the breach. For example, section 94 of the Act empowers CASA to take enforcement actions against individuals or entities that do not comply with an AD. The maximum penalties can include substantial fines, reflecting the critical nature of air safety and the importance of adhering to airworthiness directives. Non-compliance can also result in the grounding of aircraft, which can have significant operational and financial implications for airlines and other entities involved in civil aviation.