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 180/58 affecting Cessna 180 and 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia and its territories. One of its key provisions is the delegation of authority to the Governor-General to create regulations that serve the Act's objectives, particularly concerning the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, establishing a framework for maintaining the continuing airworthiness of aircraft. The ADs serve as a critical tool under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures the aircraft's compliance with safety standards. The Act and its regulations collectively address the need for a structured, internationally harmonised approach to aircraft safety and maintenance.
Scope and Application
The Civil Aviation Act 1988, and its accompanying Civil Aviation Safety Regulations 1998, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. Such ADs are considered legislative instruments and fall under the purview of the Legislative Instruments Act 2003, with the added responsibility of adhering to the provisions of Annex 8 to the Convention on International Civil Aviation. In accordance with these international obligations, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, is tasked with ensuring that these aircraft meet the necessary safety standards within Australia. The recent cancellation of AD/CESSNA 180/58, which affected Cessna 180 and 182 aircraft, exemplifies CASA’s commitment to maintaining air safety and reflects Australia’s adherence to international civil aviation conventions. This cancellation was implemented without public consultation, as deemed necessary by the Office of Best Practice Regulation, which also determined that a Regulatory Impact Statement was not required for this specific AD.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations that safeguard air navigation. Specifically, 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 a legislative instrument (section 46A of the Acts Interpretation Act 1901) and are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
The State of Design, typically the country where the aircraft is designed, holds the primary responsibility for ensuring the ongoing airworthiness of an aircraft type and must supply necessary information to States of Registry. Conversely, the State of Registry is tasked with ensuring the individual aircraft's continuing airworthiness, a duty that involves developing or adopting requisite measures. In the context of Australian-registered aircraft, CASA is mandated to review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements specified by the State of Design.
As Australia’s national airworthiness authority, CASA is obligated to evaluate ADs issued by other countries and determine if they necessitate the issuance of an Australian AD. Following this review, CASA has decided to cancel AD/CESSNA 180/58, which pertains to Cessna 180 and 182 aircraft, with the cancellation taking effect on 3 July 2008. This decision aligns with Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. The cancellation process does not involve public consultation, as it is deemed unnecessary by the Office of Best Practice Regulation, and no Regulatory Impact Statement is mandated.
The AD cancellation was authorised by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. The authority to issue such directives is a critical tool for CASA in ensuring the safety and airworthiness of aircraft operating in Australia. The AD cancellation signifies CASA’s role in maintaining safety standards by aligning with international obligations and ensuring the continued safety of the Australian airspace.