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 US FAA issued AD 78-09-05, affecting Cessna 336 model aircraft, in 1978. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the aircraft serial numbers to which this directive applies. The amended AD, AD/CESSNA 336/11 Amendment 3, will become effective on 29 September 2005. 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 Manager, Airframes 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, enacted by the Commonwealth Parliament, was introduced to provide a comprehensive legal framework governing civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation and operations. The Act empowers the Governor-General to create regulations, including those related to the safety of air navigation, as stipulated in section 98. In this context, the Civil Aviation Safety Regulations 1998, which were also developed under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as having overarching responsibility for an aircraft type's airworthiness. CASA, acting as Australia’s national airworthiness authority, is mandated to ensure that Australian-registered aircraft comply with these international directives. The ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework is essential for harmonising Australia’s aviation safety practices with global standards and ensuring the ongoing safety of civil aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the ongoing safety and airworthiness of aircraft registered within the country. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations necessary for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. International obligations under Annex 8 of the Convention on International Civil Aviation mandate that the State of Design, which in this case is the United States for the Cessna 336 model aircraft, must provide necessary information to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is required to assess this information and issue corresponding ADs to ensure compliance with the international standards and requirements. The AD/CESSNA 336/11 Amendment 3, which clarifies the serial numbers to which the directive applies, is effective from 29 September 2005, and replaces the previous directive without requiring consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide the authority for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products. Subregulation 39.001(5) clarifies that these ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, therefore, legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia’s national airworthiness authority, to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to ensure the continuing airworthiness of aircraft on the Australian Register. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, in line with Annex 8 of the Convention on International Civil Aviation. Furthermore, the State of Design has a responsibility to provide necessary information to the State of Registry to ensure the continuing airworthiness of an aircraft type.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant obligations on CASA and the State of Registry to maintain the safety and airworthiness of aircraft. CASA must ensure that any AD issued by the State of Design is appropriately assessed and, if necessary, translated into an Australian AD. The State of Registry must develop and adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations ensure that aircraft are maintained to the highest safety standards, in compliance with international conventions and regulations.
There are no specific offences, penalties, or civil or criminal consequences outlined in the provided text for breaches of the ADs. However, failure to comply with an AD could result in the aircraft being deemed unairworthy, which could lead to severe civil or criminal penalties under other sections of the Civil Aviation Act 1988. These penalties could include fines and imprisonment for individuals or corporations found guilty of operating an aircraft that does not meet airworthiness standards. The severity of the penalties would depend on the circumstances of the breach and the impact on aviation safety.