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 2008-26-10 affecting Cessna 208 series aeroplanes. The United States is the State of Design for this aeroplane series. CASA has assessed this AD and has issued Australian AD/CESSNA 208/24, which will become effective on 16 January 2009.
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, Systems and New Technologies, in the Airworthiness Engineering Group, 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 ensuring the safety and efficiency of civil aviation in Australia, addressing issues related to aircraft airworthiness, pilot licensing, and the overall regulation of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 were subsequently introduced to implement and enforce the provisions of the Civil Aviation Act. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft by aligning with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and oversight as per the Legislative Instruments Act 2003. The application of ADs is influenced by 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 mandates the provision of necessary information to the State of Registry, which in Australia's case is CASA. CASA's role is to assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Cessna 208 series aeroplanes, CASA has issued its own AD, which will take effect from 16 January 2009. This process does not involve public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The AD is made by a designated official within CASA, in line with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are significant legislative instruments, as indicated by subregulation 39.001(5) which classifies them as disallowable under section 46A of the Acts Interpretation Act 1901. This legislative framework is crucial for ensuring the ongoing airworthiness of aircraft, aligning with the principles established in Annex 8 to the Convention on International Civil Aviation. Under this international convention, the State of Design bears primary responsibility for the continuing airworthiness of aircraft types and must share pertinent information with States of Registry. The State of Registry, in turn, is mandated to implement measures to ensure that individual aircraft remain airworthy.
These regulations impose specific obligations on CASA as Australia's national airworthiness authority. When an AD is issued by the State of Design, such as the United States FAA's AD 2008-26-10 concerning Cessna 208 series aeroplanes, CASA is required to review the directive. If deemed necessary, CASA must issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. For instance, CASA issued AD/CESSNA 208/24, which will take effect on 16 January 2009. These obligations ensure that Australian-registered aircraft meet international safety standards and comply with global aviation regulations.
Failure to comply with the requirements set out in an AD can result in significant consequences. Although no public consultation was conducted for this AD due to its alignment with international obligations, the issuance of such directives is critical for maintaining safety standards. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. However, any breach of these directives can lead to civil or criminal penalties, depending on the severity and intent behind the non-compliance. The maximum penalties for such violations are outlined in relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which could include substantial fines and imprisonment for serious breaches.