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 USA FAA has issued AD 98-05-02 Amendment 39-10364 affecting CESSNA 750 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CESSNA 750/6 which will become effective on 2 March 2010.
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, Continuing Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was designed to establish a regulatory framework that ensures the safety and efficiency of civil aviation in Australia. One of its key provisions allows the Governor-General to make regulations, including airworthiness directives, which are intended to uphold the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. This legislative mechanism addresses the need for a coordinated approach to maintaining the airworthiness of aircraft in alignment with international standards, particularly as set forth in the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft meet the necessary safety standards, thereby protecting passengers, crew, and the general public from aviation-related risks.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) within Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives, as legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are aligned with international standards under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which include Australia. CASA, as the national airworthiness authority, must then evaluate and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. In the case of the AD 98-05-02 Amendment 39-10364 for CESSNA 750 model aircraft issued by the USA Federal Aviation Administration, CASA has assessed the directive and issued an Australian counterpart, AD/CESSNA 750/6, set to become effective on 2 March 2010. Given that this AD responds to international obligations and follows an AD from the relevant State of Design, no public consultation was deemed necessary, and the Office of Regulatory Review has concluded that such ADs do not require a Regulatory Impact Statement.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 revolve around the issuance and implementation of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain kinds of aircraft or aeronautical products. An AD is considered a legislative instrument, as outlined in subregulation 39.001(5) of the Regulations and in accordance with section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions are significant. The State of Design, which in this case is the United States, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this instance Australia, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design, like the United States, issues an AD, CASA must assess this information and, if necessary, issue a corresponding Australian AD to enforce the requirements.
Failure to comply with these ADs can result in serious consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the text, it is evident that non-compliance with airworthiness directives can lead to safety issues, potential grounding of aircraft, and possibly criminal or civil penalties under the applicable aviation laws. The importance of adhering to these directives cannot be overstated, as they are integral to maintaining the safety standards required under international and Australian aviation regulations.