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 337 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 337/31, 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 for the safety of civil aviation and the regulation of air navigation in Australia. The Act established the Civil Aviation Safety Authority (CASA) as the national authority responsible for ensuring the safety of air navigation and the continuing airworthiness of aircraft. In line with this objective, the Civil Aviation Safety Regulations 1998 were made under the authority of the Act, and these regulations allow CASA to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as a means to address safety issues and ensure that aircraft remain airworthy. The issuance of ADs is guided by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the States of Registry. As such, when a State of Design issues an AD, CASA is required to assess this information and, if necessary, issue a corresponding AD for Australia, thereby fulfilling both international obligations and national safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products to ensure air safety. These ADs apply to aircraft registered in Australia and are issued in response to ADs from the State of Design or based on Australia's obligations under international conventions. The geographic reach of these regulations is national, impacting all aircraft within Australia’s jurisdiction. While ADs are legislative instruments, they are not subject to public consultation or a Regulatory Impact Statement, as they are necessary for maintaining the continuing airworthiness of aircraft as per international standards. CASA, acting on behalf of the Commonwealth, assesses and issues these directives to align with international safety requirements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that serve the Act's objectives and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. According to Annex 8 of the Convention on International Civil Aviation, the State of Design retains the primary responsibility for the ongoing airworthiness of an aircraft type and must supply necessary information to the appropriate States of Registry to ensure continued airworthiness. ADs are the most prevalent means of disseminating such information among ICAO Contracting States.
The obligations imposed by these regulations on the parties and entities they govern are significant. The State of Design must ensure the continuing airworthiness of an aircraft type and provide essential information to the States of Registry. The State of Registry, in turn, is obligated to develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, the relevant national authority, such as CASA for Australia, must evaluate this information and, if necessary, issue a corresponding national AD. For example, CASA assessed the United States Federal Aviation Administration's AD 2008-26-10 concerning Cessna 337 series aeroplanes and subsequently issued Australian AD/CESSNA 337/31, effective from 16 January 2009. This process ensures that Australian-registered aircraft comply with international safety standards.
Non-compliance with airworthiness directives can lead to severe legal consequences. Although this specific AD was issued under Australia's obligations to the Convention on International Civil Aviation and in response to an AD by the relevant State of Design, failure to adhere to the mandated requirements could result in significant penalties. Under the Civil Aviation Act 1988, non-compliance with ADs can be prosecuted as an offence, potentially leading to fines and imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Act. Civil Aviation Safety Regulations also include provisions for fines and other penalties for non-compliance, reinforcing the importance of adhering to airworthiness directives to maintain safety standards in air navigation.