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 210 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 210/75, 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 comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to safety, efficiency, and the orderly development of air transport. This Act empowers the Governor-General to make regulations to ensure the safety of air navigation, which is further elaborated upon in the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows for the creation of such regulations, while regulation 39.001 of the 1998 Regulations specifically enables the issuance of airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve to maintain the continuing airworthiness of aircraft in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives, particularly when mandated by the State of Design or in response to international obligations, ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with the obligations set out in Annex 8 to the Convention on International Civil Aviation. The application of ADs applies to both the State of Design and the State of Registry of an aircraft, with CASA acting as Australia’s national airworthiness authority tasked with assessing and, if necessary, issuing Australian ADs in response to directives from the relevant State of Design. For instance, CASA issued AD/CESSNA 210/75 in response to an airworthiness directive issued by the United States Federal Aviation Administration for the Cessna 210 series aeroplanes, illustrating the international collaboration necessary for aviation safety. Notably, the issuance of such directives does not require public consultation, as determined by the Office of Regulatory Review, and they are made in adherence to the Civil Aviation Act 1988 by authorised personnel within CASA.
Key Provisions
The main operative sections of this piece of legislation pertain to the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, and the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act's purposes and 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 for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The Act and accompanying regulations impose several obligations and requirements on the parties or entities they govern. The State of Design, in this case, the United States for the Cessna 210 series aeroplanes, has the responsibility to ensure the continuing airworthiness of the aircraft type and provide necessary information to the appropriate States of Registry. The State of Registry, which in this instance is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must assess any AD issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
There are potential offences, penalties, or civil/criminal consequences for non-compliance with the requirements and obligations set out in the legislation. However, the text does not provide specific details about these consequences. It is essential for the parties and entities governed by the Act to adhere to the requirements and obligations outlined in the legislation to avoid any potential penalties or consequences.
In summary, the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998, and the issuance of airworthiness directives work together to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act and regulations impose obligations on the States of Design and Registry, while CASA plays a crucial role in assessing and issuing ADs. The text does not provide specific details about the potential penalties or consequences for non-compliance, but it is essential for the governed parties and entities to adhere to the requirements and obligations outlined in the legislation.