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 180/57 affecting Cessna 182 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, enacted by the Commonwealth Parliament, provides a legislative framework to ensure the safety of air navigation in Australia. One of the key mechanisms established under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901, ensuring that they align with broader legislative standards. The Civil Aviation Act 1988 was introduced to address the need for a robust regulatory framework that prioritises the safety of air navigation, and the issuance of ADs is a critical component of this legislative response. The AD/CESSNA 180/57, issued by CASA and subsequently cancelled, exemplifies the practical application of these provisions in ensuring the continuing airworthiness of aircraft in compliance with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) for the purpose of ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must implement requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. This framework ensures that ADs issued by CASA reflect international standards and are implemented in a manner consistent with Australia's obligations under the Convention. In the case of AD/CESSNA 180/57, CASA reviewed and subsequently cancelled the directive due to obligations under the Convention, with no requirement for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. These ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of specific aircraft types or aeronautical products. The State of Design, which is the country where the aircraft is designed, has the responsibility to provide information necessary for maintaining airworthiness, and this is typically communicated through ADs. The State of Registry, which is the country where the aircraft is registered, must ensure that its aircraft meet airworthiness standards. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue an Australian AD to align with the requirements of the State of Design.
Entities and parties governed by the Civil Aviation Act and the Civil Aviation Safety Regulations must comply with the airworthiness directives issued by CASA. This includes aircraft manufacturers, operators, and other stakeholders who must adhere to the specific requirements outlined in the ADs to maintain the airworthiness of the aircraft. CASA's role is to assess the information provided by the State of Design, and if an AD is applicable to aircraft registered in Australia, CASA must issue a corresponding AD to mandate those requirements. This ensures that the aircraft continue to meet the necessary safety standards, ultimately contributing to the overall safety of air navigation.
Failure to comply with airworthiness directives can lead to serious safety concerns and potential legal consequences. While the specific offences and penalties for non-compliance with ADs are not explicitly stated in the provided text, it can be inferred that such non-compliance could result in actions taken by CASA, including fines, enforcement actions, or even grounding of non-compliant aircraft. The severity of the penalties would depend on the nature and extent of the non-compliance, but the overarching objective is to ensure that all aircraft meet the required airworthiness standards to protect public safety.