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 336 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 336/15, 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act provides the legal framework under which the Civil Aviation Safety Regulations 1998 are implemented, which include provisions for the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The problem or gap this legislation addresses is the need for consistent and enforceable measures to maintain aircraft safety standards in line with international obligations under the Convention on International Civil Aviation. The enactment of this Act by the Australian Parliament aims to protect public safety by ensuring that all aircraft operating within Australian airspace meet stringent safety standards. ADs are critical tools for this purpose, as they mandate corrective actions in response to identified safety issues, as exemplified by the issuance of AD/CESSNA 336/15 following the United States Federal Aviation Administration's AD 2008-26-10 for the Cessna 336 series aeroplanes.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, establish the framework within which the Australian Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Under the Act, the Governor-General is empowered to make regulations that pertain to the safety of air navigation, and regulation 39.001 specifically allows CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these directives aligns with Australia’s obligations under the Convention on International Civil Aviation, particularly through Annex 8, which mandates the State of Design to ensure continuing airworthiness and to provide necessary information to States of Registry, such as Australia. Consequently, when an AD is issued by the State of Design, CASA must evaluate the directive and, if deemed necessary, issue a corresponding Australian AD to enforce the safety requirements on aircraft registered within Australia. This process ensures that Australian aircraft comply with international safety standards, reflecting a commitment to maintaining the highest levels of aviation safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that are necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. Subregulation 39.001(5) confirms that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by the Act and the Regulations are primarily concerned with ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type is designed, holds overall responsibility for the continuing airworthiness of that type, and must provide necessary information to the States of Registry. The State of Registry, which is the country where an individual aircraft is registered, is responsible for ensuring the continuing airworthiness of that specific aircraft. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft in Australia meet the necessary safety standards.
Failing to comply with an AD can have serious legal consequences. Civil Aviation Order 39.001 outlines the penalties for non-compliance with an AD. Non-compliance is considered an offence and can result in both civil and criminal penalties. For corporations, the maximum penalty can be significant, up to $210,000 for a single contravention, or up to $1.05 million if the contravention is ongoing. For individuals, the maximum penalty can be up to $42,000 for a single contravention, or up to $210,000 if the contravention is ongoing. In addition to these financial penalties, non-compliance can lead to other serious consequences, such as the grounding of aircraft, which can have substantial operational and safety implications.