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 2005-13-21 affecting Cessna 650 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 650/7, which will become effective on 1 September 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, Airframes 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, provides a legal framework for ensuring the safety and efficiency of civil aviation within Australia. This legislation empowers the Governor-General to make regulations that serve the interests of air navigation safety, as exemplified in the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry under international conventions such as Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, must evaluate directives issued by design states and, if necessary, issue corresponding Australian directives to enforce compliance with international standards. The policy objective underpinning this legislative framework is to ensure the safe operation of aircraft within Australian airspace by harmonising national regulations with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being responsible for their implementation. Under the Act, the Governor-General has the authority to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The application of these ADs is primarily driven by international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft. In this context, CASA issues Australian ADs in response to ADs issued by the relevant State of Design, such as the United States for the Cessna 650 model aircraft. The ADs do not require public consultation or a Regulatory Impact Statement, and are made by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to these provisions, CASA can issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. The issuance of an AD by CASA is predicated on the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for providing necessary information to ensure the continuing airworthiness of an aircraft type to the States of Registry.
The obligations imposed on the parties governed by these regulations include the responsibility of the State of Design to provide essential information to ensure the continuing airworthiness of a particular aircraft type. This information is critical for the States of Registry, which are mandated to develop or adopt requirements to ensure the continuing airworthiness of the aircraft on their registry. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This collaborative approach ensures that all parties adhere to international standards for airworthiness.
Failure to comply with the requirements of an AD may result in civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed in the provided text. Generally, non-compliance with airworthiness directives can lead to enforcement actions, which may include fines, suspension of airworthiness certificates, or other regulatory penalties. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide the framework for these enforcement actions, though the exact penalties and consequences are typically outlined in other sections of the Act and Regulations not included in this extract. The rigorous assessment and issuance process for ADs underscore the importance of adhering to these directives to maintain the high safety standards required in the aviation industry.