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 79-19-12 affecting Cessna 441 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 400/117, which will become effective on 25 September 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 Group, 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 legal framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations, including the provision for issuing airworthiness directives (ADs), are designed to ensure the continuing airworthiness of aircraft and aeronautical products, thereby enhancing safety standards. ADs are legislative instruments that mandate specific actions or modifications on certain types of aircraft or products, in alignment with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in issuing these directives, particularly when they originate from the State of Design or in response to international obligations. The authority to issue ADs is underpinned by the legislative mandate and international commitments to ensure that aircraft operating in Australia meet the necessary safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are created in accordance with section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. ADs are integral to the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility for ensuring the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is obligated to issue Australian ADs when the State of Design issues corresponding directives, ensuring compliance with international standards and obligations. For instance, CASA issued Australian AD/CESSNA 400/117 in response to the United States Federal Aviation Administration's AD 79-19-12 concerning Cessna 441 model aircraft. These ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued by CASA in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the purpose of the Act and ensure the safety of air navigation. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are a critical mechanism for ensuring the continuing airworthiness of aircraft types. Under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, has the overarching responsibility for ensuring that an aircraft type remains airworthy. This includes providing necessary information to the States of Registry, which are responsible for the continuing airworthiness of individual aircraft registered within their jurisdiction. When the State of Design issues an AD, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 require CASA to issue Australian ADs in response to ADs issued by the relevant State of Design. For instance, the US Federal Aviation Administration (FAA) has issued AD 79-19-12 affecting Cessna 441 model aircraft. Given that the US is the State of Design for this aircraft type, CASA has assessed the FAA’s AD and has subsequently issued Australian AD/CESSNA 400/117, which will come into effect on 25 September 2008. Due to Australia’s obligations under the Convention on International Civil Aviation and the necessity to respond to the State of Design’s AD, no public consultation has been conducted regarding this AD. Moreover, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that the AD complies with the legislative framework and serves to maintain the safety and airworthiness of aircraft in Australia. Failure to comply with an AD may result in severe consequences, including civil penalties for non-compliance with airworthiness requirements, which could lead to grounding of the aircraft, suspension of the operator’s licence, or even criminal charges for endangering the safety of air navigation. The specific penalties for breaches of ADs are outlined in the Civil Aviation Act 1988 and related regulations, and can include substantial fines and imprisonment, depending on the severity of the breach.