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 180/49 affecting Cessna 180 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/49. 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 Australian Parliament, serves as the foundational legislation for civil aviation in Australia, aiming to ensure the safety of air navigation. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed regulatory frameworks governing various aspects of civil aviation safety, including the issuance of airworthiness directives (ADs). An AD is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) to mandate requirements for the continuing airworthiness of aircraft types or aeronautical products, thereby ensuring compliance with international standards as stipulated by the Convention on International Civil Aviation. The cancellation of an AD, such as AD/CESSNA 180/49 affecting Cessna 180 aircraft, reflects the dynamic nature of safety regulations and CASA’s commitment to upholding these standards in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of civil aviation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These directives are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. The application of these directives is aligned with international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, and the State of Registry the responsibility for the individual aircraft. When an AD is issued by a State of Design, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements. This ensures compliance with both national and international safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework is essential in maintaining the safety and airworthiness standards of aircraft within Australia.
These airworthiness directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus fall under the purview of the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must ensure the ongoing airworthiness of individual aircraft by developing or adopting necessary requirements.
In practice, when the State of Design issues an AD concerning a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. CASA, acting as Australia’s national airworthiness authority, has the responsibility to ensure that the airworthiness standards set by the State of Design are met within Australia.
In accordance with the Civil Aviation Safety Regulations, CASA issued AD/CESSNA 180/49 for Cessna 180 aircraft. After thorough assessment, CASA has decided to cancel Australian AD/CESSNA 180/49, effective from 5 June 2008. This cancellation is due to the resolution of the unsafe condition that originally prompted the AD. No new AD is required as the unsafe condition no longer exists.
The cancellation of this AD was carried out in compliance with Australia’s international obligations under the Convention on International Civil Aviation, hence no consultation with the Australian public was conducted. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD was 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. Failure to comply with these ADs may result in serious safety concerns and potential legal ramifications.