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 2007-23-13 affecting Cessna 560 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 560/9, which will become effective on 21 November 2007.
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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulations to govern air navigation safety. This Act empowers the Governor-General to make regulations that are crucial for maintaining air navigation safety, and under its provisions, the Civil Aviation Safety Regulations 1998 were developed. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft types or aeronautical products. These ADs are legislative instruments that align with international standards under Annex 8 of the Convention on International Civil Aviation, ensuring that Australia meets its obligations for continuing airworthiness of aircraft. The process of issuing ADs involves CASA assessing international directives and, where necessary, issuing corresponding Australian ADs to enforce these safety standards domestically. This legislative framework is designed to uphold the highest safety standards in civil aviation while ensuring compliance with international obligations.
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, acting within the broader framework of the Civil Aviation Act 1988. This authority extends to mandating requirements for aircraft registered in Australia, ensuring that these aircraft meet the continuing airworthiness standards set forth by the State of Design. Geographic reach is inherently national, given that CASA, as Australia’s national airworthiness authority, is responsible for implementing these directives to ensure compliance among aircraft registered within Australia. The ADs are issued in response to obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to provide necessary information for continuing airworthiness. Exemptions or exclusions are not typically detailed within the specific ADs themselves, but rather are governed by broader regulations and international agreements. The issuance of these directives is not subject to public consultation as they are direct responses to international ADs and are considered legislative instruments under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, provide the legal framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs, as per subregulation 39.001(5), are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on the parties and entities they govern. The State of Design, which is responsible for the continuing airworthiness of a type of aircraft, must provide necessary information to the States of Registry. The States of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements. This is evident in the case of the AD issued for the Cessna 560 model aircraft, where CASA has assessed and issued Australian AD/CESSNA 560/9 in response to a US Federal Aviation Administration AD.
Breaching the requirements of an airworthiness directive can have serious consequences. While the specific offences and penalties are not detailed within this particular legislation, it is reasonable to infer that non-compliance with ADs could result in civil or criminal penalties. The severity of these penalties would depend on the nature of the breach and the specific provisions of other related laws. The issuance of an AD is intended to maintain the highest standards of airworthiness and safety, and failure to comply could potentially endanger the safety of air navigation, leading to legal repercussions for the offending parties.