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 US FAA has issued AD 2008-03-16 affecting Cirrus Design Corporation Model SR20 aeroplanes. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CIRRUS/9, which will become effective on
8 May 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies 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, governs the safety and regulation of civil aviation in Australia. It provides the legislative framework for ensuring that aviation activities are conducted safely and efficiently. The Act was introduced to address the need for a comprehensive legal structure to manage the burgeoning field of civil aviation, ensuring that the high standards of safety and efficiency are upheld. Under section 98 of this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation. This power is exercised through the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards, ensuring consistency and safety across the aviation industry.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for particular kinds of aircraft or aeronautical products. These directives are designed to address any identified safety issues and are legally binding, thus constituting a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. The ADs are mandated by Australia's commitments under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires the provision of necessary information to the States of Registry. In Australia, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA, as the national airworthiness authority, is tasked with issuing Australian ADs in response to directives from the State of Design. This ensures compliance with international standards and maintains safety across the aviation industry.
Key Provisions
The Civil Aviation Act 1988, particularly in section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This legislative framework is crucial in establishing the foundation upon which subsequent regulations, such as those outlined in the Civil Aviation Safety Regulations 1998, are built. 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 specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall upon CASA and the State of Registry of an aircraft. CASA, acting as Australia’s national airworthiness authority, must evaluate any ADs issued by the State of Design and, where necessary, translate these directives into Australian ADs to ensure compliance and safety within Australia’s airspace. The State of Registry is also tasked with developing or adopting requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. These responsibilities are underscored by international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the same for individual aircraft.
Failure to comply with the ADs can lead to significant legal repercussions. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the power to enforce compliance, and non-compliance with an AD can result in severe penalties. Although specific penalties are not detailed in the provided text, it is understood that such breaches can lead to both civil and criminal consequences, reflecting the serious nature of ensuring air safety. The regulations do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, but the importance of adhering to ADs cannot be overstated due to their critical role in maintaining aviation safety standards.