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 has issued AD 2006-01-11 affecting Cessna 208 aeroplanes. The United States is the State of Design for these aeoplanes. CASA has assessed this AD and has issued Australian AD/CESSNA 208/19, which will become effective on 11 May 2006.
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 legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, thereby establishing a robust system for the oversight and management of aviation activities. In line with this objective, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and are integral to Australia's compliance with international aviation standards, particularly under Annex 8 to the Convention on International Civil Aviation. The ADs are issued by CASA following an assessment of directives issued by the State of Design, ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs serve to meet the international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires it to provide necessary information to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must adopt or develop requisite measures to ensure this. For instance, when the United States Federal Aviation Administration issues an AD for Cessna 208 aeroplanes, CASA, acting as Australia's national airworthiness authority, evaluates this information and, if appropriate, issues an Australian AD to enforce the State of Design's requirements. This process exemplifies the international coordination necessary to maintain air safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework within which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations for air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA and other entities include ensuring the continuing airworthiness of aircraft registered in Australia. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, in this case, the United States for Cessna 208 aeroplanes, has the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess the AD issued by the State of Design and, if necessary, issue a corresponding Australian AD to enforce the same requirements. This ensures that Australian aircraft meet international safety standards and comply with relevant regulations.
The Civil Aviation Safety Regulations 1998 also establish the State of Registry's responsibility for the continuing airworthiness of individual aircraft. This means that the State of Registry must develop or adopt the necessary requirements to maintain airworthiness, in accordance with Annex 8. When an AD is issued by the State of Design, the State of Registry must review and, if appropriate, implement the directive to ensure compliance. In the case of AD 2006-01-11 for Cessna 208 aeroplanes, CASA issued Australian AD/CESSNA 208/19 to mandate the requirements set by the United States.
There are no provisions for public consultation on ADs, as they are issued due to international obligations under the Convention on International Civil Aviation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, issued the AD in accordance with subsection 84A(2) of the Act. The consequences for non-compliance with ADs can include significant civil or criminal penalties, although the exact penalties are not specified in the given text.