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 185/9 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. In line with this objective, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are critical instruments for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. CASA's role is to assess and, where necessary, issue ADs to enforce safety requirements, reflecting both international obligations and domestic needs. The AD/CESSNA 185/9 Amendment 1, previously issued by CASA, has been cancelled due to these international obligations, with no public consultation required and no necessity for a Regulatory Impact Statement. This cancellation, effective from 3 July 2008, signifies CASA's adherence to global aviation safety standards and its commitment to ensuring the highest levels of airworthiness for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring adherence to safety standards as stipulated in the Civil Aviation Act 1988. These ADs, which are legislative instruments, play a crucial role in maintaining the continuing airworthiness of aircraft registered in Australia. The application of these directives is geographically and jurisdictionally aligned with Australian national standards and international obligations under the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and State of Registry concerning aircraft safety. The ADs are designed to address identified safety issues and are typically issued by the State of Design, which must provide necessary information to the State of Registry, including Australia, to ensure compliance with safety regulations. In the case of AD/CESSNA 185/9 Amendment 1, CASA assessed and subsequently cancelled the directive for Cessna 185 aircraft, reflecting Australia's commitment to international aviation safety standards. This cancellation, effective from 3 July 2008, was executed without public consultation due to the regulatory nature of ADs, which are not subject to a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for specific types of aircraft or aeronautical products. It is also stipulated in subregulation 39.001(5) that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and therefore, it is classified as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative structure ensures that ADs, which are critical for maintaining airworthiness, are issued with the appropriate legal authority and oversight.
Under these legislative provisions, CASA has specific obligations when it comes to airworthiness directives. As per Annex 8 of the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. CASA, acting as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian aircraft maintain their airworthiness according to international standards and practices. Furthermore, the State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within Australia.
There are no specific offences or penalties outlined in the Civil Aviation Safety Regulations 1998 related to the issuance or cancellation of ADs. However, non-compliance with ADs can lead to severe consequences. Operators who fail to comply with ADs may face enforcement actions from CASA, including grounding of the aircraft, suspension or revocation of airworthiness certificates, and potential criminal charges under the Civil Aviation Act 1988. These actions are taken to enforce the safety standards and ensure that all aircraft meet the required airworthiness criteria. The maximum penalties for breaches can vary depending on the severity of the non-compliance but can include substantial fines and imprisonment.