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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 177/17 affecting Cessna 177RG model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 July 2008. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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 to ensure the safety of air navigation, empowers the Governor-General to establish regulations under section 98, with the overarching aim of enhancing aviation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby contributing to the regulatory framework designed to maintain and ensure airworthiness. The legislative instruments act of 2003 further classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901. This legislative process facilitates the continuous oversight and management of aircraft safety standards in alignment with international obligations, particularly those outlined in Annex 8 to the Convention on International Civil Aviation.
In light of Australia’s commitment to international civil aviation standards, CASA has undertaken to cancel an existing airworthiness directive (AD/CESSNA 177/17) concerning Cessna 177RG model aircraft. This action is in accordance with Australia's obligations under the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types. The cancellation of the AD, effective from 31 July 2008, reflects CASA’s role in upholding these international standards, and no public consultation or Regulatory Impact Statement was deemed necessary as per the Office of Best Practice Regulation. The decision to cancel the AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft. CASA has the authority to issue, review, and cancel ADs, as evidenced by the cancellation of AD/CESSNA 177/17 affecting Cessna 177RG model aircraft, effective 31 July 2008. This cancellation was necessitated by Australia’s commitments under the Convention on International Civil Aviation and did not require consultation with the public or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes, within CASA’s Airworthiness Engineering Branch, pursuant to the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the provisions of Annex 8 to the Convention on International Civil Aviation, the State of Design is held responsible for the continuing airworthiness of an aircraft type. This includes providing necessary information to the appropriate States of Registry to ensure the continuing airworthiness of the type. Airworthiness directives are a prevalent form of continuing airworthiness information, typically issued by ICAO Contracting States. Concurrently, the State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, mandated by Annex 8 to develop or adopt requisite requirements to ensure such airworthiness.
In this context, CASA or its predecessors had previously issued AD/CESSNA 177/17 concerning Cessna 177RG model aircraft. After review, CASA has cancelled this AD, which will become effective on 31 July 2008, and no replacement AD is required. The cancellation is a direct result of Australia’s obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public has been undertaken regarding this AD cancellation. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This demonstrates CASA’s commitment to ensuring that airworthiness directives align with both national and international aviation safety standards. Any failure to comply with these regulations could result in serious safety implications, highlighting the importance of adhering to the ADs and the legislative framework governing them.