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 80-13-14 affecting Cessna 400 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 400/114, which will become effective on
8 May 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 Acting 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, enacted to ensure the safety and efficiency of civil aviation in Australia, was introduced to address the need for comprehensive regulations governing air navigation and aircraft operations. Under section 98, the Governor-General has the authority to make regulations that contribute to the Act's objectives, with particular focus on enhancing air navigation safety. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring they meet safety standards. The authority to issue ADs stems from Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design provide necessary information to maintain an aircraft's airworthiness. This collaborative approach ensures that Australia adheres to international standards while maintaining domestic safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the overarching responsibilities of the State of Design and the State of Registry as outlined in Annex 8 of the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Geographic and jurisdictional reach of these regulations is national, ensuring compliance with international standards and obligations. While the ADs are not subject to public consultation or a Regulatory Impact Statement, they are issued by CASA based on assessments of ADs from the relevant State of Design, such as the United States in the case of Cessna 400 series aircraft. The ADs are issued by CASA to mandate the requirements of the State of Design, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 enable the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that are in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides that the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, meaning it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The Act and regulations impose specific obligations and requirements on the parties involved. The State of Design, which is the country where an aircraft type is designed, has the primary responsibility for the continuing airworthiness of that type of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. This state must provide all necessary information to ensure the aircraft's airworthiness to the States of Registry, which are the countries where individual aircraft are registered. In this context, CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with the requirements set forth in an AD can result in significant legal consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish that non-compliance with an AD can be considered an offence. The Act and regulations may impose civil or criminal penalties for breaches. However, the text does not specify the exact nature or maximum penalties for non-compliance, indicating that further legal scrutiny would be required to determine the precise consequences of failing to adhere to an AD. Nonetheless, the overarching aim of these provisions is to ensure that all parties involved maintain the highest safety standards in the aviation industry.