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 188/12 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 Technology 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, aiming to ensure the safety of air navigation. Under this Act, the Governor-General is empowered to create regulations for air safety, which the Civil Aviation Safety Authority (CASA) administers. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which CASA can issue airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft and aeronautical products. These directives serve as crucial tools in ensuring that aircraft types meet ongoing airworthiness standards, fulfilling Australia's obligations under the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and review, reflecting the importance of maintaining rigorous safety standards. CASA has the authority to issue and cancel such directives, as evidenced by the recent cancellation of AD/CESSNA 188/12 for Cessna 188 model aircraft, effective from 31 July 2008, in compliance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. These directives are legislative instruments and serve to ensure the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has primary responsibility for the airworthiness of aircraft types, while the State of Registry, in this case CASA, ensures that individual aircraft meet these standards. CASA has the authority to issue, review, and cancel such directives as needed, reflecting Australia's commitment to international aviation safety standards. The specific airworthiness directive for Cessna 188 model aircraft has been cancelled, effective 31 July 2008, due to obligations under the Convention on International Civil Aviation, without necessitating public consultation or a Regulatory Impact Statement. This directive was made by the Manager, Systems and New Technology in the Airworthiness Engineering Branch of CASA, in accordance with the Act.
Key Provisions
The main operative sections of this legislation pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regulated under the Legislative Instruments Act 2003. Furthermore, these directives are aligned with Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry to maintain airworthiness.
The obligations imposed by this legislation on the parties involved are significant. The State of Design must ensure the continuing airworthiness of an aircraft type by providing necessary information to the States of Registry. The States of Registry, in turn, are responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to meet this responsibility. CASA, as the regulatory body, has the authority to issue ADs to enforce these obligations and ensure compliance with air safety standards. CASA’s role is further defined by the requirement to review and, if necessary, cancel existing ADs to align with international obligations and safety standards.
Breaching the provisions of this legislation can result in serious consequences. While specific offences and penalties are not detailed in the text, non-compliance with ADs could lead to safety risks and potential legal repercussions. The cancellation of an AD, as in the case of AD/CESSNA 188/12, reflects CASA’s commitment to international safety standards and obligations under the Convention on International Civil Aviation. Failure to adhere to these standards could result in civil or criminal penalties, although the exact nature and maximum penalties are not specified in the provided text. However, the overarching aim is to maintain the highest standards of air safety through rigorous oversight and enforcement of airworthiness directives.