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.
CASA issued AD/CESSNA 180/60, affecting Cessna 180 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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, Airframes 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 establish a comprehensive legal framework governing civil aviation in Australia, ensuring the safety, efficiency, and regularity of air services. This legislation empowers the Governor-General to make regulations, including the issuance of airworthiness directives under section 98 of the Act. In this context, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. Such directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority involves assessing and, where necessary, issuing Australian airworthiness directives to enforce the requirements set by the State of Design. The cancellation of AD/CESSNA 180/60, which was issued in 1980 and subsequently deemed unnecessary, exemplifies CASA’s commitment to reducing regulatory burdens while ensuring safety standards are upheld.
Scope and Application
The Civil Aviation Act 1988, through 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 directives are crucial for ensuring the continuing airworthiness of aircraft, with the State of Design having overarching responsibility as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. The ADs are legislative instruments that align with international standards, and their issuance is a common practice among ICAO Contracting States. The recent cancellation of AD/CESSNA 180/60 for Cessna 180 model aircraft, effective 14 February 2008, reflects CASA's role in assessing and updating these directives to maintain safety standards without unnecessary regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. This means that the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs serve as a method for the State of Design to communicate necessary information for the continuing airworthiness of aircraft types to the States of Registry, such as Australia. As the State of Registry, Australia is responsible for ensuring the continuing airworthiness of aircraft registered within its territory.
The obligations imposed by these regulations require CASA to evaluate any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must issue corresponding Australian ADs to enforce the requirements outlined by the State of Design. This process ensures that the safety standards for air navigation are maintained. Furthermore, under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide any necessary information to the States of Registry to facilitate this responsibility.
In the specific case of AD/CESSNA 180/60, CASA issued an AD in 1980 for Cessna 180 model aircraft, which has now been reviewed and deemed no longer necessary. The unsafe condition that prompted the AD has since been resolved, and as a result, CASA has decided to cancel the directive, effective from 14 February 2008. This cancellation reduces the regulatory burden, and consequently, no public consultation was required, nor was a Regulatory Impact Statement necessary, as determined by the Office of Best Practice Regulation. The cancellation was authorised by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences for breach, while the specific text does not detail offences, penalties, or consequences for non-compliance with ADs, it is reasonable to infer that failure to adhere to these directives could result in significant safety risks and potential regulatory action. The Civil Aviation Act 1988 and associated regulations are designed to ensure the highest standards of airworthiness, and non-compliance could lead to enforcement actions, penalties, or other civil and criminal repercussions as prescribed by the relevant legislation.