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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 170/24 Amendment 2 affecting Cessna 170, 172 and 175 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 July 2008. No replacement AD is required.
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 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, enacted by the Parliament of Australia, is a comprehensive statute designed to ensure the safety and efficiency of civil aviation within Australian airspace. One of the mechanisms through which the Act achieves its objectives is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Act empowers the Governor-General to create regulations that safeguard air navigation, reflecting a commitment to public safety and international cooperation in civil aviation. In this particular instance, CASA has cancelled an existing AD affecting certain Cessna model aircraft, in compliance with Australia's obligations under the Convention, without the necessity for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review, and are aimed at ensuring the safety of air navigation and the continuing airworthiness of aircraft. The scope of the ADs extends to all aircraft types registered within Australia, aligning with the obligations under Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of the State of Registry, issues these directives to ensure compliance with safety standards, although the specific AD/CESSNA 170/24 Amendment 2, affecting Cessna 170, 172, and 175 models, has been cancelled due to Australia's international obligations. The cancellation of this directive was made without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This legislative framework ensures that CASA, as the regulatory authority, can swiftly respond to safety issues impacting the aviation industry within Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations that promote the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998 (regulation 39.001), which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for ensuring the continuing airworthiness of aircraft types, while the State of Registry is tasked with maintaining the airworthiness of individual aircraft.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed include adherence to the ADs issued by CASA. These directives are designed to ensure that aircraft maintain their airworthiness and comply with safety standards. The State of Design must provide necessary information to the States of Registry to facilitate this compliance, and the States of Registry are required to develop or adopt their own requirements to maintain airworthiness. CASA's role involves reviewing and, if necessary, cancelling ADs. In the case of AD/CESSNA 170/24 Amendment 2, which affected Cessna 170, 172, and 175 model aircraft, CASA reviewed the directive and decided to cancel it, effective 31 July 2008. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and does not necessitate consultation with the Australian public or a Regulatory Impact Statement.
Breaching the requirements set forth by the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is understood that such breaches could result in civil or criminal penalties under Australian law. Non-compliance with ADs can compromise the safety of air navigation, potentially leading to severe legal ramifications. The exact nature and extent of these penalties would depend on the specifics of the breach and the applicable aviation safety regulations.