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 185/23 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 by the Commonwealth Parliament, established the framework for ensuring the safety of civil aviation in Australia. The Act provides the legislative authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. The ADs serve to address safety concerns and ensure compliance with safety standards as stipulated by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further delineate the process and authority for CASA to issue these directives. The cancellation of an AD, such as AD/CESSNA 185/23 for Cessna 185 aircraft, is made in accordance with the Act's provisions and reflects Australia's adherence to international aviation safety standards. This legislative instrument, issued by CASA, is designed to manage the safety risks associated with aircraft operation in Australia.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, and under its provisions, the Civil Aviation Safety Regulations 1998 have been enacted to ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products to maintain or improve the airworthiness of aircraft. Such ADs are considered legislative instruments under the Legislative Instruments Act 2003 and can be subject to disallowance under the Acts Interpretation Act 1901. The ADs are in line with international standards as set out in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft with the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must ensure that the continuing airworthiness requirements set by the State of Design are implemented in Australia. The cancellation of AD/CESSNA 185/23, affecting Cessna 185 aircraft, is an example of CASA exercising its regulatory powers under the Civil Aviation Act 1988, reflecting Australia’s international obligations and demonstrating the dynamic nature of aviation safety regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as applied to airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, focus on ensuring the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, which includes the issuance of ADs for specific types of aircraft or aeronautical products. Regulation 39.001(5) clarifies that ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. This regulation, along with Annex 8 of the Convention on International Civil Aviation, imposes responsibilities on the State of Design and the State of Registry for the continuing airworthiness of aircraft.
Under these provisions, the State of Design has the overarching responsibility to ensure that information necessary for the continuing airworthiness of an aircraft type is provided to the States of Registry. The State of Registry, such as Australia, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design, the Civil Aviation Safety Authority (CASA) must review this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian aircraft comply with international safety standards.
The obligations imposed on parties by these regulations include the responsibility of CASA to assess and, if necessary, issue ADs to mandate airworthiness requirements. The State of Registry must ensure that all aircraft registered within its jurisdiction meet these requirements. This involves a collaborative effort between the State of Design and the State of Registry to maintain safety standards in line with international agreements.
There are no specific offences or penalties mentioned in the text concerning the issuance or non-compliance with ADs. However, the potential consequences of failing to comply with ADs could include the grounding of aircraft, which would impact air safety and potentially lead to regulatory actions. CASA has the authority to enforce compliance with ADs, and non-compliance could result in civil or criminal penalties, although the exact penalties are not detailed in the text. It is important for all parties involved to adhere to these regulations to ensure the safety of air navigation.