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 188/15 affecting Cessna 188 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 188/15. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting 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 was enacted to regulate civil aviation activities in Australia, primarily to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations in the interests of aviation safety. One such regulation, made under section 98 of the Act, is the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs are essential for ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA's role as Australia's national airworthiness authority includes assessing and, if necessary, issuing Australian ADs to implement the requirements of foreign ADs. In the case of AD/CESSNA 188/15, CASA assessed and subsequently cancelled the directive as the unsafe condition it addressed no longer exists, effective from 14 February 2008.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as binding regulations aimed at ensuring the safety of air navigation, thereby applying to all aircraft registered in Australia and any entities involved in the operation or maintenance of such aircraft. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and State of Registry regarding the continuing airworthiness of aircraft. The scope of these regulations is national, covering all activities within Australia's jurisdiction. While the ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. CASA, as the national airworthiness authority, evaluates and may cancel or amend ADs based on the assessment of safety information provided by the State of Design, as exemplified by the cancellation of AD/CESSNA 188/15 for Cessna 188 aircraft, which became effective on 14 February 2008.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legally binding instruments intended to ensure the ongoing airworthiness of aircraft. The authority to issue ADs stems from the overarching responsibility of the State of Design for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, typically the country where the aircraft is designed, is required to provide any necessary information to ensure the aircraft's airworthiness. This information is disseminated through ADs, which are issued by most ICAO Contracting States.
These ADs, when issued by a State of Design that impacts an aircraft registered in Australia, must be assessed by CASA. CASA, as Australia's national airworthiness authority, has the responsibility to evaluate the information provided in foreign ADs and determine if a corresponding AD is required in Australia. If necessary, CASA issues an Australian AD to enforce the requirements of the foreign AD. For example, CASA issued and subsequently cancelled Australian AD/CESSNA 188/15 for Cessna 188 aircraft after assessing that the unsafe condition addressed by the AD no longer existed. This cancellation took effect on 14 February 2008, and no replacement AD was deemed necessary.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, including aircraft operators and maintenance organisations, are obligated to comply with all ADs issued by CASA. This includes adhering to the requirements outlined in the ADs, such as conducting inspections, repairs, or modifications to maintain the airworthiness of their aircraft. Failure to comply with an AD can result in serious safety risks and potential enforcement actions by CASA.
Violating the requirements of an AD can have significant legal and financial consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, CASA can take enforcement actions under other provisions of the Act. Such actions may include fines, suspension or revocation of aircraft certificates, and potential criminal charges for serious non-compliance. The severity of the penalties depends on the nature and extent of the non-compliance, with potential maximum penalties varying based on the specific circumstances of the breach.