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 185/31 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 was enacted to provide for the safety and efficiency of civil aviation in Australia, and to implement international standards and recommended practices. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, which are further detailed in the Civil Aviation Safety Regulations 1998. Specifically, under section 98 of the Act and regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products to maintain their airworthiness. Airworthiness directives serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of AD/CESSNA 185/31, CASA has cancelled this particular directive affecting Cessna 185 aircraft, effective from 3 July 2008, in adherence to Australia's obligations under the Convention, without the need for a Regulatory Impact Statement or public consultation. The cancellation was executed by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative provisions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia, which are essential for ensuring the ongoing safety of aircraft. The Act applies to all aircraft registered in Australia, and the regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs that mandate specific requirements for the continuing airworthiness of these aircraft. This includes all types of aircraft and aeronautical products, and the ADs are designed to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are applicable nationally across Australia, reflecting the jurisdiction's commitment to international aviation safety protocols. Although ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, there are no stated exclusions or exemptions within the text, and the ADs are issued in accordance with the obligations under the Convention on International Civil Aviation. The process of issuing or cancelling ADs does not require consultation with the Australian public, nor does it necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The authority to issue these directives is exercised by CASA, operating under the provisions of the Act and the Regulations, and any changes to existing ADs are made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are essential for ensuring the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation. CASA's role involves assessing information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design on aircraft registered in Australia. This process ensures that aircraft maintain their airworthiness in accordance with international standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties involved are substantial. CASA, as Australia's national airworthiness authority, must diligently assess and act on any ADs issued by the State of Design to ensure that the continuing airworthiness of aircraft on the Australian Register is maintained. The State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to CASA to facilitate the issuance of appropriate ADs. Meanwhile, the State of Registry, responsible for the individual aircraft, must implement the requirements set forth in the ADs to ensure that aircraft remain airworthy.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 can result in significant consequences. CASA has the authority to enforce compliance through various means, including issuing fines and taking legal action against entities that fail to adhere to the airworthiness directives. The specific penalties and consequences for non-compliance are not detailed in the text, but they can include both civil and criminal liabilities, depending on the severity and intent behind the breach. These measures are crucial to uphold the safety standards and regulatory compliance within the aviation sector.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish a robust framework for ensuring the safety and airworthiness of aircraft in Australia. By delineating clear roles and responsibilities, these regulations ensure that both the State of Design and the State of Registry work in tandem to maintain the highest safety standards. The process of issuing, reviewing, and cancelling ADs is meticulously regulated to safeguard the interests of the aviation community and the public. The text makes it clear that CASA, in its capacity as the national airworthiness authority, plays a pivotal role in enforcing these regulations and ensuring compliance.