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.
AD/CESSNA 170/3, affecting Cessna 170 series aircraft, was issued in 1959. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the original unsafe condition no longer exists.
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 Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998, created under section 98 of the Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The objective of the ADs is to maintain the continuing airworthiness of aircraft, in line with the Convention on International Civil Aviation and its Annex 8, which places the responsibility for this on the State of Design and State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and issuing corresponding Australian ADs as necessary. The Act aims to streamline and harmonise airworthiness regulations, ensuring they align with international standards and effectively address any safety concerns.
Scope and Application
The Civil Aviation Act 1988 and its subordinate regulations, such as the Civil Aviation Safety Regulations 1998, govern the airworthiness of aircraft and aeronautical products in Australia, applying to all persons and entities involved in civil aviation within the Commonwealth jurisdiction. This includes aircraft manufacturers, operators, and maintenance providers, as well as individuals holding pilot and air traffic control licenses. The Act mandates that the Civil Aviation Safety Authority (CASA) issue airworthiness directives (ADs) to ensure the safety of air navigation. ADs are legislative instruments that are subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of ADs is international, aligning with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for continuing airworthiness and requires States of Registry to implement necessary measures to maintain airworthiness. CASA must assess and, if necessary, issue Australian ADs when a State of Design issues an AD for aircraft registered in Australia. The AD cancellation process, as seen with AD/CESSNA 170/3, is conducted by CASA in accordance with the Act and does not require public consultation or a Regulatory Impact Statement if it reduces regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that are in the interests of 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 kinds of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and approved by CASA.
These ADs and their equivalents are essential for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing the necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry must implement these requirements. In Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and may issue Australian ADs to enforce these requirements.
AD/CESSNA 170/3, which affects Cessna 170 series aircraft, was issued in 1959. CASA has reviewed this AD and decided to cancel it, effective from 13 March 2008. This cancellation is due to the original unsafe condition no longer existing, and no replacement AD is necessary. Since the cancellation results in a reduction of the regulatory burden, there was no need for consultation with the Australian public. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The Manager, Airframes in the Airworthiness Engineering Branch, made this AD cancellation on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations and requirements imposed by these regulations ensure that the continuing airworthiness of aircraft is maintained to the highest safety standards. Any failure to comply with these regulations can result in civil or criminal consequences. For instance, breaches of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 can lead to penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for serious breaches can include substantial fines and imprisonment for up to five years, reflecting the critical importance of adhering to these regulations.