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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 188/1 amendment 1 affecting Cessna 188 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 31 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, establishes the framework for civil aviation safety in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process and authority for CASA to issue these directives, which are legislative instruments under the Legislative Instruments Act 2003. The objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. In this context, CASA has recently cancelled AD/CESSNA 188/1 amendment 1 for Cessna 188 model aircraft, effective from 31 July 2008, due to Australia’s obligations under the Convention, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs) to ensure the safety of air navigation. Regulation 39.001 of these Regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. These directives serve as crucial tools for maintaining the continuing airworthiness of aircraft, with the State of Design having the primary responsibility for the airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft within its jurisdiction. In the context of Australian legislation, ADs are considered disallowable instruments and, by extension, legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Notably, the cancellation of a specific AD affecting Cessna 188 model aircraft, announced by CASA, reflects Australia’s adherence to international obligations, and as such, it was not subject to public consultation or the requirement for a Regulatory Impact Statement. The issuance of such directives is overseen by the Manager, Systems and New Technologies within CASA’s Airworthiness Engineering Branch, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of civil aviation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations aimed at ensuring the safety of air navigation, a provision that is put into effect by regulation 39.001. This regulation allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations 1998 are multifaceted. Primarily, the State of Design is responsible for the continuing airworthiness of an aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the airworthiness of the aircraft to the appropriate States of Registry. Conversely, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of that aircraft, as outlined in Annex 8. CASA, acting on behalf of the Australian government, has the authority to issue ADs to meet these regulatory obligations.
In the specific case of AD/CESSNA 188/1 amendment 1, which affected Cessna 188 model aircraft, CASA reviewed and subsequently cancelled the directive. The cancellation is set to become effective on 31 July 2008, and no replacement AD is deemed necessary. This decision aligns with Australia's obligations under the Convention on International Civil Aviation and has been executed without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Failure to comply with the provisions of the Civil Aviation Act and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific penalties for breaches are not detailed in this text, the overarching legislative framework implies that violations could result in civil or criminal penalties. These may include fines and other sanctions as prescribed by the applicable laws, reflecting the serious nature of ensuring air safety and continuing airworthiness of aircraft.