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 188/14 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, 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation safety, with a key focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that further these objectives. One such regulation is found in the Civil Aviation Safety Regulations 1998, under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are integral to maintaining the safety standards of aircraft within Australia, aligning with international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and the State of Registry for the airworthiness of aircraft types. The ADs are considered legislative instruments, as stipulated by the Legislative Instruments Act 2003, and their issuance or cancellation, such as in the case of AD/CESSNA 188/14 Amendment 1, is a formal process overseen by CASA. The cancellation of such an AD, reflecting Australia's adherence to international civil aviation conventions, exemplifies the regulatory framework's role in maintaining safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products in Australia. This regulatory framework applies to all aircraft and aeronautical products registered in Australia, including those operated by both private and commercial entities, as well as any individual or corporate person or entity involved in the aviation industry. ADs are legislative instruments that CASA issues under the authority granted by section 39.001 of the Civil Aviation Safety Regulations 1998, and they are made in accordance with Australia’s obligations under the Convention on International Civil Aviation. The scope of these directives encompasses any aircraft type or aeronautical product that CASA determines requires safety action to maintain its airworthiness. ADs may be issued to address specific safety concerns or to implement required safety modifications. The regulations do not specify exclusions or exemptions, but the need for an AD is contingent upon the safety assessment of the aircraft or product in question. CASA, acting on behalf of the State of Registry, ensures that the ADs align with international standards and are necessary to maintain the safety of air navigation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) are section 98 and regulation 39.001, respectively. Section 98 of the Act provides the authority for the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the CASR empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to ensure the continuing airworthiness of the aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions are primarily on CASA, which must issue ADs when necessary to maintain airworthiness, and on the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. CASA must ensure that any AD issued is in line with international obligations and standards, particularly under the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction.
There are specific consequences for non-compliance with the ADs or the regulations governing them. Although the specific legislative instruments do not outline detailed penalties for non-compliance with ADs, non-compliance generally falls under broader civil aviation safety regulations which could lead to significant penalties. For example, under the Civil Aviation Act 1988, serious breaches can lead to fines of up to $1,215,000 for corporations and $243,000 for individuals, along with potential imprisonment terms. CASA also has the authority to take enforcement actions such as grounding aircraft, imposing operational restrictions, or cancelling aircraft registration if safety standards are not met. Such actions underscore the critical importance of adhering to ADs and other safety regulations.
The legislative instruments do not explicitly outline criminal or civil penalties for non-compliance with the AD cancellation itself, as this particular AD was cancelled in line with international obligations. However, the overarching framework ensures that any failure to comply with airworthiness directives could result in severe consequences, reflecting the high priority placed on aviation safety by the regulatory authorities.