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 2007-10-15 affecting Cessna Model 208 aircraft in 2007. The United States is the State of Design for these types. CASA assessed this AD and as a result issued AD/CESSNA 208/21. AD/CESSNA 208/21 provided terminating action for Flight Limitations introduced by AD/CESSNA 208/20, Amendment 1. The compliance time for terminating action has now passed and the Flight Limitations are now redundant. Consequently, CASA has cancelled Australian AD/CESSNA 208/20, Amendment 1. The cancellation will become effective on 13 March 2008.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation activities in Australia, ensuring safety and efficiency in air navigation and operations. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. The policy objective of the Act is to ensure the highest standards of safety in civil aviation, reflecting the international responsibilities of the States of Design and Registry. In this context, CASA acts as Australia’s national airworthiness authority, responsible for assessing foreign ADs and issuing corresponding Australian ADs where necessary, thereby ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, establish a regulatory framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to any person or entity involved in the operation of aircraft or aeronautical products in Australia, thereby encompassing a broad range of industries, including commercial and private aviation, air charter services, and aircraft manufacturing. The scope of the ADs extends to all aircraft types registered within Australia, mandating adherence to safety standards set by the Civil Aviation Safety Authority (CASA). Geographically, the Act applies nationally, with CASA acting as the national airworthiness authority responsible for ensuring compliance with international standards under the Convention on International Civil Aviation. Exclusions from the ADs are limited to instances where specific aircraft types are not registered in Australia or where CASA determines that the AD does not apply to the operational context of the aircraft in question. The application and enforcement of ADs can be further extended or specified through subordinate instruments, ensuring that CASA can respond to emerging safety concerns in a timely manner.
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. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the requirements outlined in Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, the State of Design, which is responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain airworthiness. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. For instance, following the issuance of FAA AD 2007-10-15 by the United States regarding Cessna Model 208 aircraft, CASA issued AD/CESSNA 208/21. This directive provided terminating action for Flight Limitations introduced by AD/CESSNA 208/20, Amendment 1. As the compliance time for these flight limitations has elapsed, CASA has cancelled AD/CESSNA 208/20, Amendment 1, effective 13 March 2008.
The obligations imposed by these regulations on CASA include assessing foreign ADs and issuing corresponding Australian ADs where necessary, ensuring compliance with international standards for airworthiness. CASA must also ensure that the cancellation of ADs, such as AD/CESSNA 208/20, Amendment 1, aligns with international obligations and the directives of the relevant State of Design. The process of issuing and cancelling ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, makes these ADs in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with airworthiness directives can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in civil penalties, including fines up to the maximum prescribed by law. Additionally, continued operation of an aircraft that does not comply with applicable ADs may lead to enforcement actions by CASA, which can include grounding the aircraft until compliance is achieved. Criminal penalties may also apply if non-compliance is found to have contributed to an aviation accident or incident, potentially resulting in imprisonment depending on the severity of the breach. These measures underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.