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 170/26, affecting Cessna 170 series aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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, enacted by the Australian Parliament, serves to ensure the safety and efficiency of civil aviation within Australia. It provides a legislative framework for the regulation of civil aviation safety and security, including the issuance of airworthiness directives. In line with the policy objective of maintaining high standards of aviation safety, the Civil Aviation Safety Regulations 1998 further detail the procedures for issuing airworthiness directives, which are legislative instruments that mandate compliance with specific safety requirements for aircraft types. The issuance and cancellation of such directives, such as AD/CESSNA 170/26 affecting Cessna 170 series aircraft, are managed by the Civil Aviation Safety Authority (CASA), which operates under the authority conferred by the Act. The recent cancellation of AD/CESSNA 170/26, reflecting the resolution of the original unsafe condition, was implemented to reduce regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
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 kinds of aircraft or aeronautical products, acting within the framework of the Civil Aviation Act 1988. This legislative instrument, as stated in subregulation 39.001(5), is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument under the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears primary responsibility for an aircraft type's airworthiness. Conversely, the State of Registry, in this case CASA as Australia's national airworthiness authority, must ensure the continuing airworthiness of aircraft registered within Australia. The authority to issue and enforce ADs rests with CASA, ensuring compliance with both international standards and local regulatory requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively provide a framework for the safety and regulation of civil aviation in Australia. Under section 98 of the Act (1), the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 (2) of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are recognised as legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003 (3).
In accordance with the obligations set out in Annex 8 to the Convention on International Civil Aviation, the State of Design of an aircraft type holds the primary responsibility for the continuing airworthiness of that type. This includes providing all necessary information to ensure the aircraft’s airworthiness to the States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to maintain the continuing airworthiness of the aircraft within its jurisdiction (4). When an AD is issued by the State of Design for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
In relation to the specific AD/CESSNA 170/26 issued in 1971, affecting Cessna 170 series aircraft, CASA has reviewed and decided to cancel this directive (5). The cancellation, which will become effective on 17 January 2008, is due to the original unsafe condition being adequately addressed by AD/GENERAL/74 Amendment 1. This decision to cancel the AD has been made without consultation with the Australian public, as it reduces the regulatory burden, and the Office of Best Practice Regulation has concluded that no Regulatory Impact Statement is required. The directive was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act (6).
The Civil Aviation Safety Regulations 1998 also stipulate consequences for non-compliance with ADs. Failure to comply with an AD can result in various civil and criminal penalties. For example, under regulation 39.003, a person who contravenes an AD may face civil penalties, including fines and potential grounding of the aircraft. Moreover, under section 119 of the Civil Aviation Act 1988, a person who contravenes certain provisions of the Act or Regulations may be subject to criminal penalties, including imprisonment, reflecting the seriousness of the breach of airworthiness requirements (7).