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 180/35, affecting Cessna 180 model aircraft in 1973. 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 all affected aircraft would have been inspected, and, if necessary, modified long ago.
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 Commonwealth Parliament, governs the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which is instrumental in maintaining the safety standards within the aviation industry. In this context, the Civil Aviation Safety Regulations 1998 were established to provide detailed rules and requirements to enforce the provisions of the Act, particularly through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to ensure the continuing airworthiness of aircraft through the implementation of ADs, which are mandated under Annex 8 to the Convention on International Civil Aviation, thereby aligning Australia's practices with international standards.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia, which are instruments made under section 98 of the Act. These ADs apply to aircraft and aeronautical products and are issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design of an aircraft has the primary responsibility for continuing airworthiness, and the State of Registry, which is Australia in this context, must ensure that the aircraft remain airworthy. CASA’s role includes assessing ADs issued by States of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements domestically. The issuance and cancellation of ADs are governed by specific regulatory frameworks, and in this instance, CASA has cancelled a particular AD affecting Cessna 180 model aircraft, with the cancellation taking effect from 3 July 2008, due to all affected aircraft already having been inspected and modified as necessary.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows 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 require compliance and can be disallowed under the Acts Interpretation Act 1901. According to 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 and must provide necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of aircraft on their register. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant. The State of Design must ensure that all necessary information regarding airworthiness is provided to the States of Registry, facilitating the maintenance of aircraft safety. The State of Registry, including CASA, is obligated to assess this information and issue appropriate ADs when needed to maintain the airworthiness of aircraft registered within their jurisdiction. These regulations require ongoing cooperation and information exchange between the State of Design and the States of Registry to ensure that all aircraft meet the required safety standards.
There are no specific offences or penalties mentioned in the provided text related to the issuance or non-compliance with ADs. However, non-compliance with ADs could potentially lead to civil or criminal consequences under broader aviation safety laws. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 likely contain provisions that could result in enforcement actions, fines, or other penalties for non-compliance with ADs. The exact penalties would depend on the nature and severity of the non-compliance, but they could include substantial financial penalties or even imprisonment in cases of severe safety breaches.