CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
CANCELLATION 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 raised AD/Cessna180/63 Amendment 1 in 1981 to correct an unsafe situation on Cessna 182 series aircraft. To ensure proper drainage of water contamination of the fuel system, the AD mandated a one-time installation of a quick drain facility at the fuel selector valve, in accordance with Rex Aviation Technical memo TM51. Rex Aviation, once Cessna Aircraft dealers in Australia, ceased business a long time ago and it is not possible to obtain copies of TM51 or subsequent revisions. The USA is the State of Design for Cessna aircraft model 182 and the FAA has never issued an AD on this issue.
CASA received an application in 2005 for a ‘Request for Review of AD/CESSNA 180/63’ from Aquila Aviation, Bankstown, per provisions of the CASR 39.006. The AD review was conducted by CASA in response to the above request and it was determined that provisions of this AD no longer apply and there are alternate means of compliance provided by the manufacturer and the AD may be cancelled without adverse safety outcomes.
CASA has not consulted with the Australian industry and public, because AD is being cancelled on the request of the industry. AD cancellation will have a positive impact as the industry will no longer have to look for document that does not exist anymore.
The Office of Regulatory Review has determined that AD cancellation does not require a Regulatory Impact Statement.
The AD has been cancelled by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to provide for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of the critical instruments under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to maintain airworthiness. CASA has the responsibility to review and cancel such directives when they are deemed no longer necessary or when alternative compliance methods are available, ensuring that the aviation industry adheres to the highest safety standards. The policy objective is to streamline regulatory requirements, thereby reducing unnecessary burdens on the industry while maintaining or enhancing safety outcomes.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance and cancellation of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered in the country. The Act applies to all aircraft and aeronautical products within Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for assessing and issuing ADs based on information from the aircraft’s State of Design. The ADs are legislative instruments that must comply with the Legislative Instruments Act 2003. The AD cancellation process under the Act allows CASA to revoke directives that no longer apply or for which alternative compliance means are available, as demonstrated in the case of AD/Cessna180/63 Amendment 1. This particular AD, which was issued in 1981 to address an issue with water contamination in the fuel system of Cessna 182 series aircraft, has been cancelled after CASA determined that it was no longer necessary and that alternate means of compliance are available. The cancellation was made at the request of the industry, and no consultation with the public was deemed necessary as the cancellation was initiated by the industry itself. The process of AD cancellation is an important tool for CASA to ensure that regulations remain relevant and effective, without imposing unnecessary burdens on the aviation industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for airworthiness directives (ADs) under sections 98 and 39.001 respectively (Civil Aviation Act 1988, s 98; Civil Aviation Safety Regulations 1998, reg 39.001). Regulation 39.001(5) specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments (Civil Aviation Safety Regulations 1998, reg 39.001(5); Acts Interpretation Act 1901, s 46A). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain this airworthiness (Annex 8, para 8.2.1). When an AD is issued by the State of Design, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements (Civil Aviation Safety Regulations 1998, reg 39.001).
The obligations under the Act and the Regulations require CASA to issue ADs to address safety issues identified in aircraft types registered in Australia. The State of Design must provide necessary information to ensure airworthiness, and the State of Registry, in this case CASA, must adopt or develop requirements to meet these standards. This involves assessing the ADs issued by the State of Design and determining whether they are applicable to Australian-registered aircraft. In the specific case of the Cessna 182 series, CASA issued an AD in 1981 to correct an unsafe condition related to water contamination in the fuel system (Civil Aviation Safety Regulations 1998, reg 39.001). This directive mandated the installation of a quick drain facility at the fuel selector valve, following Rex Aviation Technical memo TM51. However, as Rex Aviation ceased operations and TM51 is no longer available, CASA reviewed the AD in 2005 at the request of Aquila Aviation. The review concluded that the AD's provisions were no longer applicable, and there were alternative compliance methods available, allowing for the AD's cancellation without compromising safety.
Breaching the requirements set out in ADs can lead to significant consequences. Under section 84A(2) of the Civil Aviation Act 1988, failure to comply with an AD can result in severe penalties. The Act provides that CASA can cancel an AD if it is determined that continuing to enforce the directive is unnecessary for safety reasons and if the industry consents to the cancellation. In this instance, the AD for the Cessna 182 series was cancelled by CASA, reflecting a consensus within the industry that the directive was no longer required. While the Act does not specify maximum penalties for non-compliance with ADs, it is understood that violations can lead to enforcement actions, including fines and potential grounding of non-compliant aircraft. Therefore, ensuring compliance with ADs is crucial for maintaining aviation safety standards and avoiding legal repercussions.