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 New Zealand CAA has issued AD/CRESCO/12 affecting Cresco 08-600 aircraft. New Zealand is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CRESCO/13, which will become effective on 13 March 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 Manager, 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 Australian Parliament, aims to regulate civil aviation and ensure the safety of air navigation. Section 98 of the Act grants the Governor-General the authority to make regulations, including issuing airworthiness directives, to maintain safety standards. The Civil Aviation Safety Regulations 1998, which supplement the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and oversight by the Legislative Instruments Act 2003. This framework is in line with the Convention on International Civil Aviation, which mandates that the State of Design provide continuing airworthiness information, and that the State of Registry ensure the airworthiness of aircraft within its jurisdiction. When a State of Design issues an airworthiness directive, CASA must review and, if necessary, issue a corresponding directive for aircraft registered in Australia, as demonstrated in the issuance of AD/CRESCO/13 in response to New Zealand's AD/CRESCO/12. The absence of public consultation and the determination by the Office of Best Practice Regulation that such directives do not require a Regulatory Impact Statement underscore the urgency and international coordination inherent in maintaining air 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 types of aircraft or aeronautical products. This regulatory power is derived from section 98 of the Civil Aviation Act 1988, which allows for the creation of regulations that ensure the safety of air navigation. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and subject to the provisions of the Legislative Instruments Act 2003. The ADs are issued to mandate continuing airworthiness requirements in accordance with international standards set by the Convention on International Civil Aviation, particularly those outlined in Annex 8. CASA, as the national airworthiness authority, is obligated to assess and, if necessary, issue Australian ADs in response to those issued by the State of Design, such as the New Zealand Civil Aviation Authority in the case of Cresco 08-600 aircraft. This process ensures that Australian aircraft meet international safety standards, although no public consultation is required for these directives due to their alignment with international obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, specifically section 98, empower the Governor-General to create regulations that support the Act and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design bears the responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. This information is typically disseminated through ADs, which are the most common form of continuing airworthiness information among ICAO Contracting States. The State of Registry, on the other hand, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
In the context of the example provided, New Zealand is the State of Design for the Cresco 08-600 aircraft, and it has issued AD/CRESCO/12. CASA, acting as Australia’s national airworthiness authority, has assessed this directive and subsequently issued Australian AD/CRESCO/13, effective from 13 March 2008. This process ensures that Australian-registered Cresco 08-600 aircraft comply with the continuing airworthiness requirements stipulated by the State of Design.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to rigorously assess any AD issued by the State of Design and, where necessary, issue corresponding Australian ADs. This ensures that all aircraft registered in Australia meet international safety standards. Additionally, because ADs are issued in response to international obligations and not subject to public consultation, they are exempt from requiring a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with airworthiness directives can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines, as well as potential criminal charges in cases of gross negligence or willful disregard for safety regulations. The exact penalties depend on the severity of the breach and are determined by the relevant authorities. Furthermore, failure to adhere to ADs can lead to the grounding of aircraft, which can have significant operational and financial repercussions for the operators.