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 170/35, affecting Cessna 170 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, enacted by the Commonwealth Parliament, serves as a foundational legal framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In pursuit of this objective, the Act empowers the Governor-General to establish regulations under section 98, thereby facilitating the oversight and management of aviation safety. The Civil Aviation Safety Regulations 1998 further operationalise this mandate by delegating to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning aircraft types and aeronautical products, as stipulated in regulation 39.001. These directives, which are subject to disallowance under the Acts Interpretation Act 1901, are integral to maintaining the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). CASA's role in assessing and issuing such directives ensures compliance with both domestic and international safety requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety and airworthiness of aircraft and aeronautical products in Australia. Specifically, section 98 of the Act empowers the Governor-General to make regulations that are essential 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 specified types of aircraft or aeronautical products. These ADs are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The ADs are integral to the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design and the State of Registry share responsibilities for ensuring that aircraft remain airworthy. In the case of Cessna 170 model aircraft, CASA issued AD/CESSNA 170/35 in 1980, which has now been cancelled as the original safety concerns no longer exist, thereby reducing regulatory burdens without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation relate to the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. Specifically, subregulation 39.001(5) states that ADs are disallowable instruments under the Acts Interpretation Act 1901, meaning they are legislative instruments. This regulatory framework ensures that ADs can be issued to maintain the safety of aircraft, as per international standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed by this Act on parties and entities primarily focus on the responsibility of States of Design and States of Registry in maintaining the airworthiness of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. Meanwhile, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. For Australia, CASA acts as the national airworthiness authority and must assess information from the State of Design and, if necessary, issue Australian ADs to enforce the safety requirements.
The legislation also addresses the consequences of non-compliance with airworthiness directives. While the text does not detail specific offences, penalties, or civil/criminal consequences for breaching ADs, it is implicit that failure to comply with these directives could result in serious safety issues and potential legal repercussions. Such breaches could lead to the grounding of non-compliant aircraft, legal actions against the aircraft operators, and other regulatory measures enforced by CASA to ensure compliance with air safety standards.
In the specific case of AD/CESSNA 170/35, CASA has decided to cancel the directive for Cessna 170 model aircraft from 1980, effective from 14 February 2008. This cancellation is due to the resolution of the original unsafe condition that prompted the AD. Importantly, this cancellation does not require consultation with the Australian public or a Regulatory Impact Statement, as it reduces the regulatory burden. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the decision to cancel the AD is within the legal authority granted to CASA.