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 170/54 affecting Cessna 170 series aircraft in 1991. 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 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 Australian Parliament, aims to ensure the safety of air navigation by providing a framework for the regulation of civil aviation. The Act empowers the Governor-General to make regulations for this purpose, with a specific focus on maintaining airworthiness standards. Under this Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are critical in ensuring the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to maintain high safety standards in civil aviation by ensuring that aircraft meet necessary safety criteria throughout their operational life.
Scope and Application
The Civil Aviation Safety Regulations 1998, as per section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and are issued in alignment with Annex 8 of the Convention on International Civil Aviation. As a legislative instrument under the Legislative Instruments Act 2003, an airworthiness directive carries significant regulatory weight. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure continued safety, which is then assessed and potentially mandated by the State of Registry, such as CASA in Australia. CASA’s role includes reviewing and potentially cancelling directives if the original safety concerns no longer apply, as demonstrated by the cancellation of AD/CESSNA 170/54 for the Cessna 170 series aircraft, effective from 17 January 2008. This action reduces regulatory burden and does not require public consultation or a Regulatory Impact Statement, reflecting its targeted nature and the resolution of the initial safety issue.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations necessary for air navigation safety. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and subsequently as legislative instruments according to the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design is tasked with the overall responsibility of ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to States of Registry to maintain airworthiness. States of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of individual aircraft. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA, acting as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
An example of this process is evident in AD/CESSNA 170/54, issued by CASA in 1991 concerning Cessna 170 series aircraft. CASA has reviewed this directive and determined that it should be cancelled, effective from 17 January 2008. This cancellation is due to the original unsafe condition no longer existing, and no replacement AD is necessary. Notably, no public consultation was required for this cancellation because it results in a reduction of the regulatory burden. The Office of Best Practice Regulation has also concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This process underscores CASA's commitment to ensuring the safety and airworthiness of aircraft in Australia while efficiently managing regulatory requirements.