CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVES
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 2008-10-02 affecting Cessna 172, 175, 180, 182, 185, 205 (210-5) 206, 207, 208, 210 and 303 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 13 May 2008.
As these ADs are issued because of Australia’s obligations under Convention on International Civil Aviation, and because they are issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on these ADs. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The ADs have 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.
Schedule 1
AD/CESSNA 170/83
AD/CESSNA 180/93
AD/CESSNA 185/49
AD/CESSNA 205/24
AD/CESSNA 206/65
AD/CESSNA 207/39
AD/CESSNA 208/22
AD/CESSNA 210/74
AD/CESSNA 303/13
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. This Act empowers the Governor-General to make regulations for the safety of air navigation, as seen in the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further delegate the authority to the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards and obligations under the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft through standardised directives, thereby maintaining the high safety standards expected in the aviation industry.
The Civil Aviation Safety Regulations 1998 also classify ADs as disallowable instruments, subject to parliamentary scrutiny, and as legislative instruments under the Legislative Instruments Act 2003. This ensures that ADs are issued with due regard to legislative processes and accountability. CASA, as Australia’s national airworthiness authority, assesses foreign ADs and issues corresponding Australian ADs where necessary, reflecting the responsibilities of both the State of Design and the State of Registry under international aviation law. The issuance of these ADs underscores the importance of international cooperation in maintaining global aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) which are crucial for ensuring the continuing airworthiness of aircraft types registered in Australia. The Act applies to all aircraft and aeronautical products within Australia and is enforced by the Civil Aviation Safety Authority (CASA). CASA is empowered under regulation 39.001 to issue ADs for specific kinds of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments and are issued in response to international obligations under the Convention on International Civil Aviation. The State of Registry, including CASA in Australia, is responsible for ensuring the continuing airworthiness of aircraft, and must implement ADs issued by the State of Design, such as the United States for certain aircraft types. The ADs issued by CASA are not subject to public consultation or a Regulatory Impact Statement as they are in direct response to international ADs. These ADs are made by authorised personnel within CASA, ensuring adherence to the legislative requirements set out in the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure the safety of air navigation and are a legislative instrument under section 6 of the Legislative Instruments Act 2003. Regulation 39.001(5) specifically identifies ADs as disallowable instruments, aligning with section 46A of the Acts Interpretation Act 1901. The issuance of ADs is a direct response to the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation, where the State of Design must provide information to ensure the continuing airworthiness of aircraft types.
Entities governed by these regulations must comply with the ADs issued by CASA, as they are mandated to ensure the continuing airworthiness of aircraft registered in Australia. CASA, as the national airworthiness authority, must evaluate ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to enforce these requirements. This ensures that aircraft types registered in Australia meet the necessary safety standards as prescribed by the State of Design. Additionally, the State of Registry is responsible for developing or adopting requirements to ensure that the aircraft under their jurisdiction maintain airworthiness, in line with the provisions of Annex 8.
Failure to comply with ADs can result in severe consequences. Under section 98 of the Civil Aviation Act 1988, breaches of these directives may lead to enforcement actions. The specific penalties for non-compliance can vary but generally include fines and potential criminal charges. For example, operating an aircraft that does not comply with an AD could result in significant financial penalties and imprisonment, depending on the severity of the non-compliance and its impact on safety. These provisions underscore the critical importance of adhering to airworthiness directives to maintain the highest standards of aviation safety.
In summary, the Civil Aviation Safety Regulations 1998, through regulation 39.001, empower CASA to issue ADs to ensure the safety of air navigation. These directives are binding on the entities they govern, with strict obligations to comply with the continuing airworthiness requirements. Non-compliance with ADs can result in severe penalties, including fines and imprisonment, reflecting the critical importance of adhering to these safety measures in aviation.