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 337 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 337/22 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. One of the key mechanisms through which this objective is achieved is the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus provides the legislative framework for CASA to mandate continuing airworthiness requirements, ensuring compliance with international standards set by the Convention on International Civil Aviation. In the context of a specific amendment to an AD concerning the Cessna 337 model aircraft, CASA has updated the relevant directive to clarify the affected aircraft serial numbers, reflecting its commitment to maintaining the highest safety standards in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, apply to aircraft and aeronautical products within Australia. The Act empowers the Governor-General to enact regulations in the interests of air navigation safety. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives being legislative instruments as per the Legislative Instruments Act 2003. The ADs are essential tools for ensuring the continuing airworthiness of aircraft types, mandated by the State of Design and adopted by the State of Registry, with CASA acting as Australia’s national airworthiness authority. The jurisdictional reach of these regulations is national, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8 which outlines responsibilities for airworthiness. These regulations do not require public consultation or a Regulatory Impact Statement as they respond to international directives and safety standards.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus constitute legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, with the State of Design bearing the primary responsibility for providing necessary information to States of Registry.
The obligations imposed by these regulations on CASA and other entities include assessing and potentially issuing Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register. For instance, in the case of the Cessna 337 model aircraft, CASA has amended the equivalent Australian AD to specify the serial numbers affected, following an industry request. This amendment, AD/CESSNA 337/22 Amendment 3, is set to take effect on 29 September 2005, superseding the previous directive. Importantly, due to Australia’s commitments under the Convention on International Civil Aviation and the direct response to an AD from the USA, the State of Design for the Cessna 337, no public consultation or Regulatory Impact Statement has been required for this AD.
The legislation also outlines the consequences for non-compliance with airworthiness directives. While specific penalties are not detailed in the provided text, breaches of airworthiness regulations generally carry significant civil and criminal penalties. Non-compliance can result in substantial fines, operational restrictions, or even the grounding of aircraft, alongside potential criminal charges for individuals or entities responsible for the breach. These consequences underscore the critical importance of adhering to ADs in maintaining the safety of air navigation.