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 180/16, affecting Cessna 180 model aircraft in 1962. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as the requirements are now covered 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, enacted by the Australian Parliament, addresses the regulation and safety of civil aviation within Australia. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. This legislative framework is designed to ensure the continuing airworthiness of aircraft in alignment with international standards, particularly those set by the Convention on International Civil Aviation. The ADs serve as a crucial mechanism for disseminating continuing airworthiness information, ensuring that aircraft remain safe and compliant with regulatory standards. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing information from the State of Design and issuing corresponding ADs as necessary, thereby upholding the safety and integrity of the nation's civil aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legislative instruments and play a crucial role in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for the overall airworthiness of an aircraft type and must supply necessary information to the States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing this information and, if appropriate, issuing Australian ADs to enforce the requirements of the State of Design. For instance, CASA issued AD/CESSNA 180/16 concerning Cessna 180 model aircraft in 1962, which has since been cancelled, effective from 3 July 2008, due to the existing requirements being covered by AD/GENERAL/74 Amendment 1. The cancellation of this AD, resulting in a reduction of the regulatory burden, did not require public consultation, nor did it necessitate a Regulatory Impact Statement. The Manager, Airframes in the Airworthiness Engineering Branch, made this AD on behalf of CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, grants the Governor-General the authority to enact regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Obligations and requirements under these provisions are clear and specific. The State of Design, the entity responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to maintain the continuing airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, must review the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce these requirements on aircraft registered in Australia.
Failure to comply with an airworthiness directive can result in significant consequences. Although the specific civil or criminal penalties are not detailed in the text, non-compliance with ADs could potentially lead to safety hazards, aircraft grounding, or other regulatory sanctions. The seriousness of these potential consequences underscores the importance of adhering to the directives issued by CASA. Additionally, the text mentions that ADs do not require a Regulatory Impact Statement, indicating a streamlined process for issuing and managing these directives without extensive public consultation or impact assessment, as long as they reduce the regulatory burden.
CASA has issued and subsequently decided to cancel AD/CESSNA 180/16, which affected Cessna 180 model aircraft from 1962. The cancellation will be effective from 3 July 2008. The decision to cancel this AD was made without public consultation because it reduces the regulatory burden, and it does not require a Regulatory Impact Statement. No replacement AD is needed as the requirements are now covered by AD/GENERAL/74 Amendment 1. The Manager, Airframes in the Airworthiness Engineering Branch, has made this AD on behalf of CASA in accordance with subsection 84A(2) of the Act, ensuring that the process adheres to legislative requirements.