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 180/52 affecting Beechcraft R182 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 180/52. The cancellation will become effective on 3 July 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 was enacted to provide for the safety of air navigation and to establish the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority. This legislation is essential for ensuring the safety and efficiency of air navigation within Australia, and it empowers CASA to make regulations that govern various aspects of civil aviation, including the issuance of airworthiness directives (ADs). Under the authority granted by section 98 of the Civil Aviation Act 1988, CASA can issue ADs to address safety issues pertaining to aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which serve as legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The AD/CESSNA 180/52 concerning Beechcraft R182 model aircraft was issued by CASA and subsequently cancelled on 3 July 2008 after the unsafe condition it was intended to address was resolved. The cancellation of this AD was executed in accordance with Australia’s obligations under the Convention, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations for the purpose of the Act, with a specific focus on air navigation safety. 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 serve as legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs aim to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains overall responsibility for the airworthiness of an aircraft type. The State of Registry, which in Australia is CASA, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This process involves CASA assessing ADs issued by other ICAO Contracting States and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures.
Key Provisions
The key provisions of the Civil Aviation Act 1988, particularly in relation to the Civil Aviation Safety Regulations 1998, focus on ensuring the safety of air navigation and the continuing airworthiness of aircraft. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the purpose of the Act and promote air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft was designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry is tasked with developing or adopting requirements to maintain the continuing airworthiness of the aircraft. In instances where a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Authority (CASA) has issued and subsequently cancelled AD/CESSNA 180/52, which pertained to Beechcraft R182 model aircraft. This cancellation was due to the unsafe condition no longer existing, and it became effective on 3 July 2008. No replacement AD was required as a result of this cancellation. Since this AD was cancelled in accordance with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was undertaken regarding this cancellation. 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 compliance with subsection 84A(2) of the Act.
The obligations imposed by these regulations require CASA to meticulously assess and respond to ADs issued by States of Design, ensuring that Australian aircraft meet the necessary safety standards. Failure to comply with these directives can result in severe consequences, including potential civil or criminal penalties. These penalties may include fines and imprisonment, depending on the nature and severity of the breach, as well as any resultant harm or risk to aviation safety.