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 180/50 affecting Cessna R182 aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 3 July 2008. No replacement AD is required.
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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that align with the Act’s safety objectives. One such regulation is found in the Civil Aviation Safety Regulations 1998, where the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs, which are considered legislative instruments under the Acts Interpretation Act 1901, are critical for maintaining the continuing airworthiness of aircraft as per the International Civil Aviation Organization's (ICAO) standards. The enactment of these regulations ensures that Australia adheres to international obligations while effectively managing the safety of its civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as regulatory instruments designed to ensure the safety and airworthiness of aircraft in Australia. Each AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the individual airworthiness of each aircraft on its register. In Australia, CASA assumes the role of the national airworthiness authority and must act on ADs issued by the State of Design to maintain compliance with international standards. The authority to issue and cancel ADs lies with CASA, which in this instance has cancelled the AD/CESSNA 180/50 concerning Cessna R182 aircraft, effective from 3 July 2008. This action is a direct consequence of Australia's commitments under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this cancellation.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to issue regulations for the safety of air navigation. This authority is exercised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument as per section 6 of the Legislative Instruments Act 2003. Such directives are fundamental in maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must furnish all necessary information to the appropriate States of Registry. These States, in turn, must develop or adopt requisite measures to ensure the ongoing airworthiness of aircraft within their jurisdiction. When an AD is issued by a State of Design against a type of aircraft registered in Australia, CASA must assess the information provided and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures compliance with international standards and maintains safety in Australian airspace.
CASA has issued, reviewed, and subsequently cancelled AD/CESSNA 180/50 concerning Cessna R182 aircraft. This cancellation, which will take effect on 3 July 2008, is a result of Australia's obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The Manager, Systems and New Technologies in the Airworthiness Engineering Branch, acting on behalf of CASA, made this AD in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, any breach of an AD can result in significant consequences. Violating an AD can lead to severe penalties, including fines and imprisonment, as stipulated by relevant sections of the Civil Aviation Act 1988. The specific penalties for non-compliance can vary depending on the severity of the breach and the associated risks to aviation safety. For example, failure to adhere to an AD can lead to civil penalties such as fines up to a certain amount, and in more severe cases, criminal penalties including imprisonment for a specified duration. These stringent measures are in place to ensure that all parties comply with airworthiness directives and uphold the highest safety standards in aviation.