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 185/38 Amendment 1 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, addresses the regulation of civil aviation to ensure the safety of air navigation. One of its key provisions is the authority for the Governor-General to make regulations for the purposes of the Act, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is responsible for assessing and issuing ADs that reflect the requirements of the aircraft’s State of Design, ensuring compliance with international standards and the safety of air navigation. Recently, CASA issued a notice cancelling a specific AD related to Cessna 185 aircraft, effective from 3 July 2008, due to Australia’s international obligations, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the overarching Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework ensures the continuing airworthiness of aircraft, in alignment with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in turn must implement the requirements for maintaining airworthiness. In Australia, CASA acts as the national airworthiness authority and is mandated to issue corresponding ADs when the State of Design issues one for an aircraft type registered in Australia. The specific AD/CESSNA 185/38 Amendment 1, issued by CASA for Cessna 185 aircraft, has been reviewed and subsequently cancelled by CASA, effective from 3 July 2008, due to obligations under the Convention on International Civil Aviation. This cancellation does not necessitate public consultation or a Regulatory Impact Statement, and the directive was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety and airworthiness of aircraft in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 specifying that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products (regulation 39.001). These directives are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and registration under the Legislative Instruments Act 2003.
These airworthiness directives are essential tools for maintaining the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is tasked with implementing these directives to ensure the ongoing safety of individual aircraft. In Australia, CASA assumes this role as the national airworthiness authority, obligated to review and, if necessary, issue Australian ADs based on directives from the aircraft's State of Design.
One example of this process is the AD/CESSNA 185/38 Amendment 1, which was issued for Cessna 185 aircraft. CASA reviewed this directive and, in accordance with Australia's international obligations under the Convention on International Civil Aviation, decided to cancel it. The cancellation took effect on 3 July 2008, and no replacement directive was deemed necessary. Given the nature of this decision, no public consultation or regulatory impact statement was required.
Failure to comply with airworthiness directives can lead to serious consequences. CASA, as the enforcing body, has the authority to take action against any non-compliance, which could result in both civil and criminal penalties. These penalties can include fines and imprisonment, reflecting the seriousness with which the legislation treats breaches of airworthiness requirements. The specific penalties depend on the nature and severity of the non-compliance, but they underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.