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 issued AD 2007-07-06R1 affecting Cessna LC40, LC 41 and LC42 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has amended the equivalent Australian AD to AD/LC40/2 Amendment 1 which will become effective on 19 December 2008. This AD cancels and replaces the previous issue.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations under section 98 for the Act’s purposes and in the interests of safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Pursuant to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, thus, legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are a response to Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to provide information to ensure continuing airworthiness of aircraft types. Consequently, CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
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) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, which are legislative instruments, apply to the State of Registry responsible for the continuing airworthiness of individual aircraft and are based on information provided by the State of Design as required under Annex 8 to the Convention on International Civil Aviation. For example, CASA issued AD/LC40/2 Amendment 1 following a similar directive from the United States Federal Aviation Administration for Cessna LC40, LC 41, and LC42 series aeroplanes. The issuance of such ADs is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement. The ADs are made by CASA in accordance with the Act, specifically under subsection 84A(2).
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to assess information provided by the State of Design and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of aircraft registered in Australia. This is in line with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds overall responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, is responsible for implementing requirements to maintain the airworthiness of individual aircraft.
In the case of the United States Federal Aviation Administration (FAA) issuing AD 2007-07-06R1 for Cessna LC40, LC41, and LC42 series aeroplanes, CASA has amended the equivalent Australian AD to AD/LC40/2 Amendment 1, which will take effect on 19 December 2008. This amendment cancels and replaces the previous AD. Since this directive is a response to an AD issued by the relevant State of Design and is mandated by the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required, as determined by the Office of Regulatory Review.
Non-compliance with ADs may result in serious consequences. Civil aviation offences under the Civil Aviation Act 1988 can lead to substantial penalties. For example, section 57 of the Act states that a person who contravenes certain provisions of the Act or the Regulations may be liable to a fine of up to $21,600 for a corporation and $4,320 for an individual. Additionally, under section 84A(2) of the Act, CASA is empowered to issue notices requiring compliance with ADs, and failure to comply with such a notice can result in further penalties, including the potential grounding of the affected aircraft until compliance is achieved. These measures are crucial to maintaining the high safety standards required in civil aviation.