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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 180/26 affecting Cessna 180 and 182 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/26. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting Manager, Systems and New Technologies 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 address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General is empowered to create regulations that safeguard air navigation, with a specific focus on maintaining the airworthiness of aircraft. In alignment with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types or aeronautical products. These directives, which are legislative instruments, serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia’s national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs based on directives from the State of Design or other ICAO Contracting States. The recent cancellation of AD/CESSNA 180/26 for Cessna 180 and 182 aircraft, effective from 14 February 2008, exemplifies the application of these provisions, reflecting Australia’s commitment to international civil aviation obligations and the ongoing safety of its aviation fleet.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, focusing on ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001. This legislation applies to entities such as aircraft manufacturers, operators, and maintenance providers, as well as individuals involved in the operation and maintenance of aircraft registered in Australia. Geographically, the scope of these regulations extends across Australia and is in line with the international obligations under the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. When a State of Design issues an AD, CASA must assess and potentially issue a corresponding Australian AD to ensure compliance with international safety standards. The ADs are legislative instruments subject to disallowance and are not required to undergo consultation with the public or a Regulatory Impact Statement, as they pertain to technical safety standards rather than broader regulatory or economic impacts.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to enact regulations in the interest of air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is classified as a disallowable instrument, aligning with section 46A of the Acts Interpretation Act 1901, and thus is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, requiring them to supply necessary information to the States of Registry to maintain airworthiness. ADs are the primary means through which this information is disseminated, and they are issued by most ICAO Contracting States. The State of Registry, on the other hand, is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting necessary requirements under Annex 8. Consequently, when a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
CASA has issued and subsequently cancelled AD/CESSNA 180/26, which pertains to Cessna 180 and 182 aircraft. Following a thorough assessment, CASA determined that the unsafe condition addressed by the AD no longer exists, leading to the cancellation of AD/CESSNA 180/26, effective from 14 February 2008. No replacement AD is deemed necessary as the unsafe condition has been resolved. Given that the cancellation is in line with Australia's obligations under the Convention on International Civil Aviation, there was no requirement for public consultation on this matter. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was enacted by the Acting Manager of Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores CASA's role in ensuring the safety and airworthiness of aircraft registered in Australia, aligning with both national and international aviation safety standards.