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 2008-11-18 affecting Cirrus Design SR20 aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/CIRRUS/10, which will become effective on 28 August 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 Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to provide for civil aviation, the safety of air navigation, and to regulate air navigation services. One of its critical functions is to delegate the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as provided under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The policy objective is to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to an airworthiness issue identified by the State of Design and mandate specific requirements for the maintenance and operation of the affected aircraft. This approach ensures that Australia maintains high safety standards in accordance with international conventions and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments, critical for ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. ADs are typically issued in response to directives from the State of Design, reflecting international obligations under the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is tasked with assessing these directives and, when appropriate, issuing corresponding Australian ADs to enforce the required safety measures. Notably, these directives are not subject to public consultation or the requirement for a Regulatory Impact Statement, as they are mandated by international agreements and the necessity to maintain airworthiness standards. The issuance of these directives is overseen by CASA, ensuring compliance with both domestic and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). An AD is a legislative instrument that can be issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, and it mandates requirements for ensuring the continuing airworthiness of these aircraft. These directives are crucial for maintaining safety standards in air navigation and are issued under the authority of the Governor-General. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, issues ADs, and it is the duty of the State of Registry to enforce these directives.
Under these regulations, CASA must evaluate ADs issued by the State of Design and, if necessary, issue an Australian AD to ensure compliance with international standards set forth in the Convention on International Civil Aviation. For example, the United States Federal Aviation Administration (FAA) issued an AD for Cirrus Design SR20 aeroplanes, and CASA subsequently issued AD/CIRRUS/10 for Australian-registered SR20 aeroplanes. This process ensures that Australian-registered aircraft meet international safety standards.
The obligations placed on parties governed by these regulations include ensuring that all aircraft maintain their airworthiness as per the ADs issued. CASA, as the national airworthiness authority, must rigorously assess and implement ADs from the State of Design. The State of Registry is responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft, and must comply with ADs issued by CASA. Non-compliance with these directives can result in significant safety risks, leading to potential legal and civil consequences.
Failure to comply with the provisions of an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance may lead to enforcement actions, fines, and even criminal penalties. The exact penalties depend on the severity of the breach and can include substantial fines and imprisonment for serious offences. The Legislative Instruments Act 2003 also outlines that ADs are disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament if they are found to be inconsistent with the Act or if they exceed the powers granted under it. Ensuring compliance with ADs is critical to maintaining the safety and integrity of the aviation industry in Australia.