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 185/42 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, 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, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are critical for maintaining the continuing airworthiness of aircraft registered in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the need to ensure the safety of air navigation through stringent regulatory measures. This includes the obligation for CASA to act on airworthiness directives issued by the State of Design, ensuring they align with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8. This approach ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products, thereby establishing safety standards that apply to aircraft registered in Australia. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for maintaining the continuing airworthiness of aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design and the State of Registry. In the case of Australia, CASA acts as the national airworthiness authority, assessing and implementing ADs issued by other contracting states as necessary to comply with international standards. The recent cancellation of AD/CESSNA 185/42 for Cessna 185 aircraft, effective from 3 July 2008, exemplifies the authority's responsiveness to international obligations and its role in ensuring compliance with global aviation safety standards.
Key Provisions
The main operative sections of this piece of legislation pertain to the issuance, review and cancellation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for certain kinds of aircraft or aeronautical products (Civil Aviation Safety Regulations 1998, s 39.001). An AD, as specified in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003 (Civil Aviation Safety Regulations 1998, s 39.001(5); Legislative Instruments Act 2003, s 6).
The obligations imposed by the Act include the State of Design’s responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type (Annex 8 to the Convention on International Civil Aviation). The State of Registry, in this case CASA, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design (Civil Aviation Safety Regulations 1998, s 39.001). In this instance, CASA has reviewed AD/CESSNA 185/42 affecting Cessna 185 aircraft and has determined that it should be cancelled (Civil Aviation Safety Regulations 1998, s 39.001). The cancellation of this AD is due to Australia’s obligations under the Convention on International Civil Aviation, and CASA has made this decision in accordance with subsection 84A(2) of the Act (Civil Aviation Act 1988, s 84A(2)).
Breach of the provisions in this legislation may result in various civil or criminal consequences. However, this particular Act does not specify any offences, penalties, or consequences for breach. It is important to note that the cancellation of an AD, as in this case, does not require consultation with the Australian public, and a Regulatory Impact Statement is not necessary (Office of Best Practice Regulation). The primary focus of this legislation is to ensure the continuing airworthiness of aircraft and to uphold the safety standards in accordance with the Convention on International Civil Aviation.