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 2007-14-03 affecting Cirrus Design Corporation SR20 and SR22 aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CIRRUS/7, which will become effective on 30 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting 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, enacted by the Commonwealth Parliament, serves as a foundational piece of legislation for the regulation of civil aviation in Australia. This Act aims to ensure the safety of air navigation and provides the legal basis for the issuance of regulations that govern various aspects of civil aviation, including airworthiness directives (ADs). In accordance with section 98 of the Act, the Governor-General is empowered to create regulations in the interest of safety, while the Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for ADs. The ADs are legislative instruments that are issued by the Civil Aviation Safety Authority (CASA) to mandate safety measures for aircraft types and aeronautical products. The issuance of these directives is in line with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce these requirements. For instance, CASA issued AD/CIRRUS/7 in response to the United States Federal Aviation Administration’s AD 2007-14-03, which affects Cirrus Design Corporation SR20 and SR22 aircraft registered in Australia. This process does not require public consultation or a Regulatory Impact Statement, as it aligns with international obligations and standards. The ADs apply to entities involved in the design, manufacture, and registration of aircraft within Australia, ensuring compliance with safety regulations on a national level.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, categorising them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this Act and the accompanying regulations are clear: the State of Design is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure continued airworthiness. The State of Registry must then develop or adopt appropriate requirements to maintain the airworthiness of the aircraft. When the State of Design issues an AD, such as the one from the United States Federal Aviation Administration (FAA) affecting Cirrus Design Corporation SR20 and SR22 aircraft, CASA must assess the directive and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
In the specific case of the FAA AD 2007-14-03, CASA has assessed the directive and issued Australian AD/CIRRUS/7, which is set to become effective on 30 August 2007. This directive is a response to Australia's obligations under the Convention on International Civil Aviation and is issued without consultation of the Australian public as determined by the Office of Regulatory Review, which concluded that such directives do not require a Regulatory Impact Statement. The AD was made by the Acting 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.
For breaches of these airworthiness directives, the Civil Aviation Safety Regulations 1998 impose significant penalties. Non-compliance with an airworthiness directive can lead to enforcement actions, including fines and potential criminal charges, depending on the severity of the breach and the impact on aviation safety. The maximum penalties can include substantial fines and imprisonment for individuals found guilty of non-compliance, underscoring the critical importance of adhering to these directives to maintain safety standards.