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 185/17, affecting Cessna 185 series aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 provide a legal framework for civil aviation in Australia, addressing the need for safety regulations in air navigation and operations. This Act empowers the Governor-General to make regulations under section 98, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered legislative instruments as per the Legislative Instruments Act 2003, and their issuance aligns with the international standards set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure the safety and continuing airworthiness of aircraft, where the State of Registry is primarily responsible for the individual aircraft, and the State of Design provides necessary information to support this. CASA, as Australia’s national airworthiness authority, issues Australian ADs when required to comply with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to ensure the continuing airworthiness of aircraft in Australia and are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, which has the primary responsibility for the airworthiness of an aircraft type, issues these directives, and the State of Registry must ensure these requirements are implemented for aircraft registered within its jurisdiction. In Australia, CASA acts as the national airworthiness authority, responsible for assessing and, where necessary, issuing ADs to enforce the safety standards determined by the State of Design. The AD/CESSNA 185/17, which was issued in 1971 and affects Cessna 185 series aircraft, has been reviewed and cancelled by CASA effective 17 January 2008, as the safety issues it addressed have been resolved by another directive, AD/GENERAL/74 Amendment 1. Given that the cancellation of this AD reduces regulatory burden, no public consultation was required, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, under the authority granted by the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. They are crucial for ensuring the continuing airworthiness of aircraft types, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the original design of the aircraft, must provide all necessary information to the States of Registry to maintain the airworthiness of aircraft.
In practical terms, the Civil Aviation Safety Regulations 1998 require CASA to assess any ADs issued by the State of Design that pertain to aircraft registered in Australia. If deemed appropriate, CASA must issue corresponding Australian ADs to mandate the necessary safety measures. This ensures that Australian-registered aircraft meet the safety standards set by the original design authority. For instance, CASA issued AD/CESSNA 185/17 for Cessna 185 series aircraft in 1971. After reviewing this directive, CASA decided to cancel it, effective from 17 January 2008, because the original safety concerns have been addressed by another AD (AD/GENERAL/74 Amendment 1). No replacement AD is necessary.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties such as CASA and aircraft operators include assessing and complying with ADs issued by the State of Design. CASA must ensure that any AD issued in Australia aligns with international standards and adequately addresses safety concerns. Aircraft operators must adhere to the requirements outlined in these ADs to maintain the airworthiness of their aircraft. The AD cancellation process, as exemplified by AD/CESSNA 185/17, must be conducted in accordance with the relevant provisions of the Act, ensuring that all regulatory steps are followed.
Failure to comply with ADs can result in significant consequences. Under section 84A of the Civil Aviation Act 1988, breaches of ADs can be considered offences, leading to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment, reflecting the serious nature of non-compliance with airworthiness directives. The exact penalties depend on the specific circumstances and severity of the breach, but they underscore the importance of adhering to these safety regulations.