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 177/13, affecting Cessna 177 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 was enacted to provide a legislative framework for the safety and efficiency of civil aviation in Australia. The Act allows the Governor-General to make regulations under section 98 to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as a legislative instrument. This regulatory mechanism is designed to maintain the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO).
The cancellation of AD/CESSNA 177/13, which pertains to Cessna 177 series aircraft, is a decision made by CASA to address the regulatory burden without requiring consultation with the public, as it reduces the overall regulatory load. This cancellation, effective from 17 January 2008, is a result of the original unsafe condition being sufficiently addressed by another AD, AD/GENERAL/74 Amendment 1. The AD was issued under the authority of the Act by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments. These directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia and are issued by CASA in alignment with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. The regulatory process ensures that any airworthiness directive issued by the State of Design is assessed and, if necessary, mirrored by CASA to mandate compliance among Australian-registered aircraft. This specific AD/CESSNA 177/13, which previously affected Cessna 177 series aircraft manufactured in 1971, has been cancelled by CASA, effective from 17 January 2008, due to the condition it sought to address now being covered by a different directive. The cancellation was made without public consultation as it reduces regulatory burden, and no Regulatory Impact Statement was required.
Key Provisions
The main operative sections of this legislation concern the issuance of airworthiness directives (ADs) as stipulated under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This action is mandated under the authority granted by the Governor-General to ensure the safety of air navigation. Importantly, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed on CASA by these regulations are substantial. CASA must ensure that any AD issued is in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing all necessary information to ensure the continuing airworthiness of an aircraft type, and CASA must assess this information. When an AD is issued by the State of Design, CASA must evaluate the information and, if appropriate, issue an Australian AD to mandate the requirements. Furthermore, CASA is obligated to keep the airworthiness directives updated and ensure they are effectively communicated to all relevant parties.
In terms of the consequences for breach of these regulations, the Act does not explicitly detail criminal or civil penalties for non-compliance with ADs. However, non-compliance with airworthiness directives can lead to severe repercussions, including grounding of aircraft, which in turn could result in substantial operational disruptions and financial penalties for airlines. Additionally, CASA has the authority to take enforcement actions against operators who do not comply with ADs, which may include fines, suspension of air operator certificates, or other regulatory measures. It is also important to note that the cancellation of an AD, such as AD/CESSNA 177/13, does not require public consultation or a Regulatory Impact Statement, as it reduces the regulatory burden and is based on the determination of the Office of Best Practice Regulation.