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 180/66 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 to ensure the safety of air navigation, empowers the Governor-General to establish regulations that serve this purpose. Within this legislative framework, the Civil Aviation Safety Regulations 1998 enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which mandate requirements to maintain airworthiness, are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Convention on International Civil Aviation, particularly Annex 8, outlines the responsibilities of the State of Design and the State of Registry in ensuring an aircraft's continuing airworthiness, with ADs serving as a key tool in this process. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs as needed.
In accordance with Australia's obligations under the Convention on International Civil Aviation, CASA has cancelled AD/CESSNA 180/66, which affected Cessna 182 aircraft, effective from 3 July 2008. This cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, under the authority granted by the Civil Aviation Act 1988. The decision to cancel the AD did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. No replacement AD is required as a result of this cancellation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs, which serve as legislative instruments, are critical in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the requirements set forth by the State of Design under Annex 8 of the Convention on International Civil Aviation. This regulatory framework applies to entities such as aircraft manufacturers, operators, and maintenance service providers who must comply with ADs to maintain safety standards. Geographically, the application of these directives extends to aircraft registered in Australia, regardless of the State of Design, ensuring a national standard of airworthiness. The authority to issue ADs is exercised by CASA, Australia’s national airworthiness authority, which must align its actions with international standards to fulfil its obligations under the Convention on International Civil Aviation. Notably, the process of issuing or cancelling ADs is conducted internally within CASA, as they do not require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are critical instruments used to ensure the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation.
In accordance with the Act and the Regulations, CASA has the authority to issue ADs when necessary to ensure the safety of air navigation. These directives must be assessed and, if deemed necessary, implemented to comply with the continuing airworthiness requirements stipulated by the State of Design and the State of Registry. CASA’s role includes evaluating ADs issued by other countries that affect aircraft registered in Australia and deciding whether to issue corresponding Australian ADs. This process is essential to maintain the safety standards of aircraft operating within Australian airspace.
The obligations imposed on CASA under these provisions include the responsibility to review and, if necessary, issue ADs based on assessments of information provided by the State of Design. CASA must ensure that these directives are issued in accordance with international obligations and are designed to maintain or improve the safety of aircraft. Additionally, CASA is required to communicate the issuance, amendment, or cancellation of ADs to the relevant stakeholders, including aircraft operators and manufacturers, to ensure compliance with the new safety standards.
Failure to comply with the requirements set out in the ADs can result in serious consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is clear that such non-compliance can lead to significant civil or criminal consequences. In the context of aviation safety, any breach of the ADs can potentially result in enforcement actions by CASA, which may include fines, penalties, or other regulatory measures. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.