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.
CASA issued AD/CESSNA 150/35, affecting Cessna 150 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for stringent safety standards and oversight in the burgeoning aviation sector. One of the Act's key provisions allows the Governor-General to make regulations that ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative arrangement aims to maintain the highest safety standards in line with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design of an aircraft type holds primary responsibility for its continuing airworthiness. CASA, as Australia's national airworthiness authority, must then review and, if necessary, issue corresponding Australian ADs to ensure compliance with these international standards. The policy objective underpinning these regulations is to safeguard public safety and to maintain Australia's commitment to international civil aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, ensuring these meet necessary safety standards. These ADs, as disallowable instruments, are legislative in nature, and their issuance is aligned with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is designed, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry, which in turn are responsible for the continuing airworthiness of individual aircraft registered within their jurisdiction. When an AD is issued by a State of Design for a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. The Civil Aviation Safety Regulations 1998 provide the framework for CASA to issue and manage these ADs, ensuring compliance with national and international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, focus on the issuance of airworthiness directives (ADs) for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act and in the interests of safety, allowing the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products (regulation 39.001). Furthermore, subregulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties such as CASA and the States of Design and Registry are significant. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to ensure compliance with safety standards (Annex 8, Convention on International Civil Aviation). The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to mandate the requirements.
Failure to comply with ADs can result in civil and criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs, but general provisions in the Act may apply, including fines and imprisonment for violations of regulations aimed at ensuring air navigation safety. The severity of penalties can vary depending on the nature and extent of the breach.
In the case of the AD/CESSNA 150/35, issued in 1980 and now cancelled by CASA, the authority reviewed the directive and determined that it was no longer necessary as the original unsafe condition had ceased to exist. The cancellation, effective from 14 February 2008, did not require consultation with the Australian public as it resulted in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.