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 185/33, affecting Cessna 185 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
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 framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of safety, which is further detailed in the Civil Aviation Safety Regulations 1998. One of the key provisions of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as a crucial means of maintaining the continuing airworthiness of aircraft, in line with international standards set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988, through CASA, ensures that both the State of Design and the State of Registry fulfil their responsibilities to provide and enforce necessary measures to maintain aircraft safety.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs). Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia, and they are intended to align with the responsibilities of States of Design and Registry under Annex 8 of the Convention on International Civil Aviation. In particular instances, such as the cancellation of AD/CESSNA 185/33, CASA exercises its authority to manage the continuing airworthiness of aircraft within Australia. This action, which involves no public consultation or requirement for a Regulatory Impact Statement due to the reduction of regulatory burden, is undertaken by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs for certain types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations primarily rest with CASA, which must assess and potentially issue Australian ADs based on information from the State of Design, which has the overarching responsibility for the continuing airworthiness of aircraft types. The State of Registry, which in Australia is CASA, must ensure that individual aircraft meet continuing airworthiness requirements. This involves the adoption or development of regulations and procedures to enforce compliance with ADs, ensuring that all aircraft are maintained to a standard that ensures safety in air navigation.
Failure to comply with ADs can result in significant consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is understood that breaching airworthiness directives can lead to severe penalties under civil and criminal law. These penalties can include fines, imprisonment, or other sanctions depending on the severity of the breach and its impact on aviation safety. The regulations underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.
It is important to note that the cancellation of an AD, such as AD/CESSNA 185/33 for Cessna 185 model aircraft, is also a legislative process. In this case, CASA decided to cancel the AD, effective from 14 February 2008, as the unsafe condition it was addressing no longer existed. This cancellation did not require public consultation or a Regulatory Impact Statement as it resulted in a reduction of the regulatory burden. The cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.