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 Civil Aviation Safety Authority (CASA) issued AD/CESSNA 400/103 Amdt 2, affecting Cessna 404 and 441 series aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to accept the inspection methods contained in the related Cessna Supplemental Inspections 57-10-07 and 57-10-08 for the Cessna 441 and Cessna 404 models respectively. The amended AD,
AD/CESSNA 400/103 Amdt 3, will become effective on 10 January 2011. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public as the changes are administrative only and introduce no additional technical requirements.
The AD has been made by the Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to ensure the safety and efficiency of civil aviation within Australia. This legislation was introduced to address the need for comprehensive regulation of air navigation and aircraft safety. The Act empowers the Governor-General to establish regulations, including the Civil Aviation Safety Regulations 1998, which permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments designed to maintain and ensure the safety of aircraft and aeronautical products. CASA, as the national airworthiness authority, plays a pivotal role in assessing and implementing these directives, thereby ensuring compliance with international standards and the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 outline the framework for ensuring the safety of air navigation, with particular focus on the issuance of airworthiness directives (ADs). The Act applies to entities involved in civil aviation within Australia, including aircraft manufacturers, operators, and the Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. ADs are regulatory instruments issued to mandate compliance with specific airworthiness requirements, ensuring that aircraft and aeronautical products meet safety standards. The geographic reach of these regulations is national, with CASA responsible for the assessment and implementation of ADs for aircraft registered in Australia. The authority to issue ADs is granted under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to act in the interests of safety. Any ADs issued are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are aligned with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design and State of Registry have responsibilities for the continuing airworthiness of aircraft.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions include the requirement for the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with international standards and the safety protocols set by ICAO Contracting States.
Failure to comply with airworthiness directives can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to enforcement actions by CASA. Specifically, under section 284, a person who contravenes an airworthiness direction can be liable for a civil penalty. The maximum penalty for an individual is 500 penalty units, while for a body corporate, the penalty can be significantly higher at 5,000 penalty units. Additionally, under section 285, CASA has the authority to issue infringement notices for breaches of the Act, with the maximum penalty for individuals being 1,110 penalty units and for bodies corporate, 11,100 penalty units. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft.