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 issued AD 2007-11-17, affecting Cessna 550, 551 and S550 Model aircraft. AD 2007-11-17 superseded AD 2006-04-10 which was issued by the FAA in 2006. The United States is the State of Design for these aircraft. As a result of the FAA issuing a superseding AD, CASA has amended the equivalent Australian AD. The amended AD, AD/CESSNA 550/25, Amendment 1, will become effective on 2 August 2007. This AD cancels and replaces the previous issue.
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 Acting 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. The Act grants the Governor-General the authority to create regulations under section 98, which supports the overarching goal of enhancing the safety of air navigation. The Civil Aviation Safety Regulations 1998, as amended, further detail the process by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives, considered legislative instruments under the Legislative Instruments Act 2003, are pivotal in maintaining the continuing airworthiness of aircraft as per international standards set by the Convention on International Civil Aviation. CASA's role in issuing these directives reflects Australia's commitment to global aviation safety protocols and its adherence to the responsibilities of both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulations 2007, which pertain to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, apply to aircraft registered in Australia and their operators, ensuring compliance with airworthiness directives (ADs) issued by the Civil Aviation Safety Authority (CASA). These regulations are designed to maintain the safety standards of aircraft and aeronautical products, reflecting Australia’s commitments under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry. The ADs are legislative instruments that mandate specific actions or modifications to be undertaken by aircraft owners or operators, following the issuance of directives by foreign regulatory authorities such as the Federal Aviation Administration (FAA) in the United States. Given the international nature of aviation, the regulations have a national jurisdictional reach, and their application is not limited by state or territory boundaries. However, the regulations do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, due to the technical nature of airworthiness directives.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901, and is therefore regulated under the Legislative Instruments Act 2003. This legislative framework is underpinned by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for ensuring the continuing airworthiness of an aircraft type. When the United States Federal Aviation Administration (FAA) issued AD 2007-11-17, affecting Cessna 550, 551 and S550 Model aircraft, CASA, as Australia's national airworthiness authority, was required to assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
The obligations under these regulations require CASA to ensure the continuing airworthiness of aircraft registered in Australia by issuing appropriate ADs. This process is mandated when an AD is issued by the State of Design, such as the FAA in this instance. CASA's role is to evaluate the information provided by the FAA and, if necessary, issue a corresponding AD for Australian-registered aircraft. In this case, CASA issued AD/CESSNA 550/25, Amendment 1, which became effective on 2 August 2007. This AD cancels and replaces the previous AD, AD 2006-04-10, issued by the FAA in 2006.
Failure to comply with the requirements of an AD can result in severe consequences, as these directives are crucial for maintaining the safety standards of aircraft. Non-compliance with an AD could potentially lead to the grounding of affected aircraft, which could result in civil or criminal penalties. Although specific penalties are not detailed in the provided text, non-compliance with airworthiness regulations can generally lead to fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The seriousness of these potential consequences underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australia.