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 2008-26-04 affecting Cessna 560 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 560/10, which will become effective on 12 March 2009.
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, enacted by the Parliament of Australia, governs civil aviation and air navigation within the country. It was introduced to address the need for comprehensive and standardised regulations to ensure the safety and efficiency of civil aviation operations. The Act provides the authority for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority and is responsible for issuing ADs that mandate the requirements of the relevant State of Design, ensuring that Australian registered aircraft meet the necessary safety standards. The ADs are legislative instruments that comply with the requirements of the Legislative Instruments Act 2003 and are issued without public consultation due to their alignment with international obligations under the Convention on International Civil Aviation.
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) that are applicable to specific kinds of aircraft or aeronautical products. These directives are issued to ensure the safety of air navigation and are binding upon the State of Registry, which in the Australian context means CASA as the national airworthiness authority. The ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they reflect the obligations Australia has under the Convention on International Civil Aviation. In this instance, the AD issued pertains to the Cessna 560 model aircraft, which is designed by the United States, making the US the State of Design. CASA, acting in accordance with its responsibilities under Annex 8 of the Convention, has assessed the AD issued by the US Federal Aviation Administration (FAA) and has issued its own AD, which will come into effect on 12 March 2009. It is pertinent to note that as these ADs are issued in response to international obligations and other State of Design ADs, they do not require public consultation or a Regulatory Impact Statement, and the AD in question was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. An AD is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) to mandate specific requirements for the continuing airworthiness of certain types of aircraft or aeronautical products. These directives are crucial for ensuring the safety of air navigation and are aligned with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
Under these provisions, CASA is obligated to assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements. For instance, in the case of the Cessna 560 model aircraft, the United States, as the State of Design, issued AD 2008-26-04. CASA assessed this directive and subsequently issued Australian AD/CESSNA 560/10, which will take effect on 12 March 2009. This process underscores CASA’s role in maintaining the safety standards of aircraft registered in Australia.
The obligations imposed on the parties governed by this Act include the State of Design’s responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry’s duty to develop or adopt requirements to maintain airworthiness. For Australia, this means CASA must act on information provided by the State of Design and ensure that Australian ADs are issued to comply with international safety standards.
Failure to comply with the requirements set forth in an AD may lead to severe consequences. Although specific offences, penalties, or consequences for breach are not detailed in the provided text, it is implied that non-compliance could result in safety violations, potentially leading to civil or criminal liabilities. Given that ADs are legislative instruments, breaches could attract penalties under the applicable laws, though the exact nature of these penalties is not specified within the text provided.