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 has issued AD 76-16-07 affecting Cessna 401, 402 and 414 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 400/115, which will become effective on 28 August 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, Airframes 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 comprehensive legislative framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations that align with the Act's objectives, particularly those relating to aviation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory approach is designed to uphold Australia's international obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft types. The process involves CASA, as Australia's national airworthiness authority, evaluating ADs issued by the aircraft's State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements domestically.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments subject to disallowance and are issued in compliance with Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry. In Australia, CASA, acting as the national airworthiness authority, must assess any AD issued by a State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements of the original AD. This process ensures that Australian aircraft meet international safety standards. For instance, in response to AD 76-16-07 issued by the US Federal Aviation Administration concerning Cessna 401, 402, and 414 models, CASA issued AD/CESSNA 400/115, effective from 28 August 2008. Given that this directive is in response to international obligations and issued by the relevant State of Design, it does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) collectively provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act allows the Governor-General to make regulations that are necessary for the safety of air navigation. Regulation 39.001 then empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed on CASA and other relevant entities under these provisions include ensuring the continuing airworthiness of aircraft registered in Australia. Specifically, CASA must assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements. The State of Design, which in this case is the United States for the Cessna 401, 402, and 414 models, has the responsibility to provide information to ensure the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this instance, Australia, must then adopt or develop requirements to maintain the airworthiness of the aircraft.
Non-compliance with an AD can lead to serious consequences. Under section 39.001 of the Civil Aviation Safety Regulations, failure to adhere to an AD can result in both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties such as imprisonment. The exact penalties are not specified in the provided text but typically depend on the severity of the breach and the potential risk posed to aviation safety.
In summary, the key provisions of the Civil Aviation Act and the Civil Aviation Safety Regulations mandate that CASA issue airworthiness directives to ensure the safety of aircraft in Australia. These directives are issued in response to ADs from the State of Design and are integral to maintaining the continuing airworthiness of aircraft. Non-compliance with these directives can result in significant civil and criminal penalties, reinforcing the importance of adhering to the mandated safety standards.