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 80-13-14 affecting Cessna 310R model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 310/58, which will become effective on 8 May 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting 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, enacted by the Australian Parliament, addresses the need for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to make regulations to safeguard air navigation interests, and under section 98, the Civil Aviation Safety Regulations 1998 were established to provide a regulatory framework for this purpose. The Act facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments designed to maintain the continuing airworthiness of aircraft in accordance with international standards set out in the Convention on International Civil Aviation. The policy objective behind these regulations is to ensure that aircraft meet safety standards through the dissemination of ADs issued by the State of Design, which is then mandated by the State of Registry, in this case CASA, to ensure compliance by aircraft registered in Australia.
In line with international obligations and to maintain safety standards, CASA issued Australian AD/CESSNA 310/58 in response to the United States Federal Aviation Administration's AD 80-13-14, concerning the Cessna 310R model aircraft. Given the international nature of these directives and their basis in international convention, no public consultation was deemed necessary. The AD was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, adhering to the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specified types of aircraft or aeronautical products to ensure safety in air navigation. These directives are legislative instruments under the Legislative Instruments Act 2003 and serve as crucial tools for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case, the United States for the Cessna 310R model, has the responsibility to provide necessary information to ensure airworthiness, and CASA, as the State of Registry, must assess and implement these directives to align with international obligations. The issuance of Australian AD/CESSNA 310/58, effective from 8 May 2008, exemplifies how CASA responds to directives from the State of Design, ensuring compliance with ICAO's Annex 8, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) together provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products, in line with the requirements of Annex 8 to the Convention on International Civil Aviation. These directives are legislative instruments and are issued by CASA when necessary to mandate the requirements of the State of Design, ensuring that Australian aircraft meet international safety standards.
Under these provisions, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD. For example, CASA has issued AD/CESSNA 310/58 in response to the United States Federal Aviation Administration’s AD 80-13-14 for Cessna 310R model aircraft. This AD is effective from 8 May 2008. Given the international obligations under the Convention on International Civil Aviation and the nature of the AD, CASA did not consult the Australian public on this directive, and no Regulatory Impact Statement was required.
The obligations imposed by the Act and Regulations on CASA and the State of Registry include the duty to ensure that all aircraft registered in Australia meet continuing airworthiness standards. CASA must assess any AD issued by a State of Design and determine if an Australian AD is necessary. If so, CASA issues the AD to mandate compliance with the safety requirements. The State of Registry must then ensure that the aircraft complies with the AD’s requirements. Failure to comply with an AD can lead to severe consequences, including potential grounding of the aircraft and enforcement actions by CASA.
Any breach of the ADs may result in significant consequences. CASA can take enforcement actions, which may include fines, suspension, or revocation of an aircraft's certificate of airworthiness. Civil penalties for non-compliance may include fines up to $1,110,000 for corporations and $222,000 for individuals, as stipulated under the relevant sections of the Civil Aviation Act 1988. Criminal penalties may also apply, leading to imprisonment if the breach results in serious harm or loss of life.