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 2005-17-11 affecting Cessna model 525 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CESSNA 525/5, which will become effective on 27 October 2005.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the regulation of civil aviation safety and the establishment of standards to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations that are integral to maintaining the safety of air navigation. Under the authority of this Act, the Civil Aviation Safety Regulations 1998 were established, providing the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments aimed at ensuring the continuing airworthiness of aircraft, in line with international standards set forth by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing and issuing ADs when required, particularly in response to directives issued by the State of Design, as mandated by international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations ensure that CASA, as Australia's national airworthiness authority, can mandate necessary safety measures in line with international standards, particularly under the Convention on International Civil Aviation. The issuance of ADs is pivotal for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Registry and the State of Design. In the context of the Cessna model 525 series, CASA issued Australian AD/CESSNA 525/5 in response to a United States Federal Aviation Administration AD, reflecting Australia's commitment to international aviation safety standards without the need for public consultation or a Regulatory Impact Statement. This directive, which became effective on 27 October 2005, was made by the Manager, New Technologies and Systems, on behalf of CASA, under the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. This authority is exercised through the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, which grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs have a formal legal standing and are subject to specific legislative processes.
The obligations imposed by these regulations require CASA to act upon ADs issued by the State of Design, which is the country where the aircraft type was designed. For instance, Annex 8 to the Convention on International Civil Aviation outlines that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness. The State of Registry, which in Australia is CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that aircraft registered in Australia meet international safety standards.
The regulations also impose certain obligations on the parties involved. The State of Design must issue ADs when necessary to maintain airworthiness, and these must include comprehensive information about the required safety measures. CASA, as the national airworthiness authority, is obligated to review these ADs, determine their applicability to Australian-registered aircraft, and issue corresponding ADs if required. Aircraft owners and operators, in turn, are obligated to comply with these ADs to maintain the airworthiness of their aircraft, which includes following the specified maintenance, repair, and operational requirements.
Non-compliance with airworthiness directives can lead to significant legal consequences. While the specific penalties for breaches are not detailed in the provided text, generally under the Civil Aviation Act 1988, violations of airworthiness regulations can result in civil penalties, including fines, and criminal charges for more serious offences. The severity of the penalty often depends on the nature and extent of the breach, with potential criminal penalties including imprisonment. Furthermore, continued non-compliance can lead to the grounding of aircraft, which can have severe operational and financial repercussions for the operators.