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 Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 150/29 Amendment 1 affecting Cessna 150 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 150/29 Amendment 1. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 Australian Parliament, is the principal legislation governing civil aviation in Australia. It provides the framework for the regulation of aviation safety and security. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements for maintaining the airworthiness of aircraft and aeronautical products. One key aspect of these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments used to mandate safety measures for specific types of aircraft or aeronautical products. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives in accordance with international obligations, such as those set out in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft, thereby enhancing the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. These regulations apply to the Civil Aviation Safety Authority (CASA), which is responsible for assessing and, if necessary, issuing ADs for specific types of aircraft or aeronautical products registered in Australia. This process ensures compliance with the continuing airworthiness requirements set forth under Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the airworthiness of a particular aircraft type, issues ADs, and CASA must review and, if appropriate, issue corresponding Australian ADs to enforce these requirements within Australia's jurisdiction. The scope of these regulations extends to mandating corrective actions on registered aircraft to address identified safety issues, with CASA having the authority to cancel ADs if the unsafe conditions no longer exist. This legislative framework is integral for maintaining the safety standards of aircraft operating within Australia and aligns with international obligations under ICAO regulations.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are primarily centred on ensuring the safety and continuing airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to States of Registry. The State of Registry must then implement or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements. In the specific case mentioned, CASA issued AD/CESSNA 150/29 Amendment 1 for Cessna 150 aircraft and subsequently cancelled it, effective from 14 February 2008, due to the resolution of the unsafe condition.
There are no public consultations required for the cancellation of ADs as per Australia's obligations under the Convention on International Civil Aviation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Acting Manager of Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breach of ADs. However, non-compliance with ADs could potentially lead to significant civil and criminal liabilities under broader aviation safety laws. CASA has the authority to take enforcement actions, including fines and potential prosecution, against entities or individuals who fail to comply with airworthiness directives, thereby ensuring adherence to safety standards.