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 FAA has issued AD 2007-26-16 affecting Cessna 680 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 680/1, which will become effective on 18 January 2008.
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 was enacted to provide for the safety, efficiency and orderly development of civil aviation in Australia. The Act grants the Governor-General the authority to 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, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with Australia’s obligations under the Convention on International Civil Aviation. In cases where a State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements. This legislative framework addresses the need for consistent and enforceable standards in civil aviation, ensuring that aircraft operating within Australian airspace meet the necessary safety standards.
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 kinds of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and subject to the provisions of the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for an aircraft type’s airworthiness and must provide necessary information to the State of Registry, which in turn must develop or adopt requirements to ensure continuing airworthiness. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, if appropriate, issues corresponding Australian ADs. For instance, in response to the Federal Aviation Administration's AD 2007-26-16 concerning Cessna 680 aircraft, CASA has issued Australian AD/CESSNA 680/1, effective from 18 January 2008. Given that these directives arise from international obligations and are responses to directives from the relevant State of Design, there has been no public consultation required for this AD, and it does not necessitate a Regulatory Impact Statement. The AD is made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Civil Aviation Act 1988 authorises the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a legislative instrument and can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design of an aircraft type has the responsibility for ensuring the continuing airworthiness of that type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to the State of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) for Cessna 680 aircraft, CASA has issued Australian AD/CESSNA 680/1, effective from 18 January 2008.
In terms of obligations, CASA must act on ADs issued by the State of Design to ensure compliance with international standards for airworthiness. The State of Registry, in this case CASA, is obligated to implement the ADs issued by the State of Design to maintain the airworthiness of aircraft registered in Australia. This includes ensuring that all necessary actions are taken by aircraft operators to comply with the ADs.
Breaching the requirements of an AD can lead to serious consequences. Non-compliance with an AD may result in the grounding of an aircraft or the prohibition of certain flight operations, which can severely disrupt aviation activities. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against those who fail to comply with ADs. The penalties for non-compliance can include substantial fines, and in severe cases, criminal charges may be pursued. The exact penalties depend on the nature and severity of the breach, but they are intended to enforce strict compliance with airworthiness standards to ensure public safety.