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 AD2007-10-15, affecting Cessna 208 and 208B type aircraft. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the applicability. The amended AD, AD/CESSNA 208/21 Amendment 1, will become effective on 5 July 2007. 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 Acting 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 regulate civil aviation activities in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations for the purposes of the Act, specifically for the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998, in turn, provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. The legislative intent behind these directives is to uphold the continuing airworthiness of aircraft, ensuring compliance with international standards as set forth in Annex 8 to the Convention on International Civil Aviation. These ADs are issued by CASA in response to international airworthiness directives and are considered legislative instruments under the Legislative Instruments Act 2003. The objective is to maintain the safety and operational standards of aircraft registered in Australia, in alignment with global aviation safety practices.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of civil aviation safety in Australia. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements to ensure the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. The application of these ADs extends to all aircraft registered in Australia, regardless of their type or operational scope, ensuring compliance with both domestic and international safety standards. The ADs are issued by CASA in response to directives from the aircraft's State of Design, or as necessitated by international agreements, and no public consultation is required for their issuance. Exemptions or exclusions from these regulations are not explicitly detailed in the text, suggesting that they apply broadly to all relevant aircraft and aeronautical products within Australia’s jurisdiction.
Key Provisions
The key sections of the Civil Aviation Safety Regulations 1998 that govern the issuance of airworthiness directives (ADs) include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products (39.001(1)). These directives are essential tools for maintaining the safety and airworthiness of aircraft and aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs have the force of law and must be adhered to by the parties they govern.
The obligations imposed by these regulations on the parties they govern include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of an aircraft type. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching duty to ensure that information is shared to maintain the airworthiness of a particular aircraft type. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For Australian-registered aircraft, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Failure to comply with the requirements set out in an AD can result in significant consequences. The regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breach; however, non-compliance with ADs can lead to severe penalties under the Civil Aviation Act 1988. Specifically, section 98 of the Act allows for penalties including fines and imprisonment for breaches of regulations made under the Act. Furthermore, failure to adhere to ADs can lead to the grounding of aircraft, which can have significant operational and financial implications for operators. CASA has the authority to enforce compliance and can take action against non-compliant aircraft and operators, which may include imposing fines, cancelling airworthiness certificates, or taking legal action.