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 180/39 affecting Cessna 182 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/39. The cancellation will become effective on 5 June 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 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, enacted by the Parliament of Australia, governs the regulation of civil aviation in Australia and is aimed at ensuring the safety and efficiency of air navigation. In accordance with this Act, the Civil Aviation Safety Regulations 1998 were made to further detail the regulatory framework. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are legislative instruments, as outlined in the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The policy objective behind the issuance and cancellation of ADs, such as AD/CESSNA 180/39 affecting Cessna 182 aircraft, is to mandate safety requirements and ensure compliance with international obligations, thereby safeguarding public safety and international cooperation in aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft within Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Regulations allows CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives are intended to address safety concerns and ensure compliance with airworthiness standards. As legislative instruments, ADs are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued by the State of Design and must be assessed and, if necessary, adopted by the State of Registry, which in Australia is CASA. The application of these directives is governed by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and State of Registry in maintaining aircraft airworthiness. The scope of the ADs extends to all aircraft registered in Australia, and their issuance is integral to fulfilling Australia's international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and therefore, legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these regulations include ensuring the continuing airworthiness of aircraft. The State of Design has the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. The State of Registry, in this case CASA, must assess this information and issue an Australian AD if appropriate to mandate the requirements of the State of Design. CASA issued an AD/CESSNA 180/39 for Cessna 182 aircraft, but has since cancelled this AD as the unsafe condition no longer exists. The cancellation is effective from 5 June 2008, and no replacement AD is required.
The Act and Regulations also outline the consequences for non-compliance with ADs. Failure to comply with an AD can result in significant safety risks and could lead to serious legal consequences. While specific offences, penalties, and civil or criminal consequences are not detailed in the provided text, it is clear that adherence to ADs is crucial for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 provide the basis for enforcing compliance and addressing breaches through regulatory action or legal proceedings.