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 185/11 affecting Cessna 185 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 govern the safety of air navigation in Australia, provides the framework for the regulation of airworthiness through the Civil Aviation Safety Regulations 1998. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, with the Civil Aviation Safety Authority (CASA) being the designated authority to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments that comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to ensure the continuing airworthiness of aircraft, in line with international standards set forth by the International Civil Aviation Organization (ICAO). CASA, as the national airworthiness authority, is responsible for assessing information provided by the State of Design and, where necessary, issuing Australian ADs to mandate the required safety measures. The cancellation of AD/CESSNA 185/11 for Cessna 185 aircraft is a reflection of Australia’s commitment to international obligations under the Convention on International Civil Aviation, and it has been carried out by CASA without public consultation, as deemed unnecessary by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These directives are legislative instruments that hold the force of law, as stipulated under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft, a responsibility that falls upon the State of Registry, which in Australia is CASA. This role is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the airworthiness of aircraft types. The issuance, assessment, and enforcement of ADs are integral to fulfilling Australia's commitments to international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for the safety of air navigation in Australia, with section 98 of the Act (1) allowing the Governor-General to make regulations in the interests of safety. Regulation 39.001 (2) specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are formal notices issued to ensure the continuing airworthiness of aircraft. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 (3), and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003 (4).
Under these provisions, CASA, as Australia's national airworthiness authority, has specific obligations to ensure the safety of aircraft registered in Australia. When an AD is issued by the State of Design of an aircraft type, CASA must review the information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design (5). Additionally, the State of Registry of an individual aircraft bears the responsibility of ensuring the aircraft's continuing airworthiness in accordance with Annex 8 of the Convention on International Civil Aviation (6). This involves developing or adopting requirements to maintain airworthiness, which may include complying with ADs issued by the State of Design.
Failure to comply with an AD can result in serious consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict obligations on aircraft operators and owners to adhere to ADs. Non-compliance can lead to significant penalties, both civil and criminal, depending on the severity of the breach. For instance, operating an aircraft in non-compliance with an AD can result in fines and potential imprisonment for the aircraft operator or owner, as well as actions by CASA to ground the aircraft until compliance is achieved (7). The specific penalties are outlined in the Civil Aviation Act 1988 and can vary based on the nature and impact of the non-compliance.