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 80-19-10 affecting Cessna 340A model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 340/36, which will become effective on 5 June 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 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for comprehensive safety standards and regulatory oversight in the aviation sector. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. One significant aspect of the Act is the authority it grants the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as crucial instruments in maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are considered legislative instruments, subject to disallowance and regulation under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective underpinning these provisions is to ensure the highest safety standards in civil aviation, both domestically and in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance provisions as per the Acts Interpretation Act 1901. ADs are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with primary responsibility for the continuing airworthiness of aircraft types and requires them to provide necessary information to States of Registry. In Australia, the State of Registry must implement measures to ensure the continuing airworthiness of aircraft registered within its territory, and CASA, as the national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs that reflect the requirements of the State of Design. The issuance of ADs is driven by international obligations and the need to maintain airworthiness standards, and as such, they do not typically undergo public consultation or require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (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 serve as crucial regulatory tools to maintain the airworthiness of aircraft. An AD, as outlined in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is further governed by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry, which must then develop or adopt requirements to ensure the ongoing airworthiness of the aircraft within their jurisdiction.
The obligations imposed on CASA under these regulations are substantial. CASA must assess any ADs issued by the State of Design and determine if an Australian AD is necessary. If the AD from the State of Design pertains to a type of aircraft registered in Australia, CASA must issue a corresponding Australian AD to enforce the requirements set out by the State of Design. This ensures that Australian-registered aircraft meet international safety standards and continue to be airworthy. For instance, following the issuance of AD 80-19-10 by the United States Federal Aviation Administration (FAA) concerning the Cessna 340A model, CASA assessed the directive and subsequently issued AD/CESSNA 340/36, which will take effect on 5 June 2008.
Failure to comply with the provisions set out in an airworthiness directive can lead to serious consequences. The Civil Aviation Act 1988 stipulates that non-compliance with ADs can result in civil or criminal penalties. The specific penalties are not detailed within the provided text, but under general aviation law, non-compliance can lead to fines, suspension or revocation of aircraft certificates, and potential criminal charges for operators. The severity of the penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft. CASA, as the regulatory body, has the authority to enforce compliance and take appropriate action against those who fail to adhere to the mandates set forth in ADs.