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 188/17 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia. It grants the Governor-General the authority to make regulations that serve the interests of air navigation safety. In line with this objective, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and fall within the scope of the Legislative Instruments Act 2003. The ADs align with the Convention on International Civil Aviation, specifically Annex 8, which stipulates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure compliance with airworthiness standards.
The Civil Aviation Safety Regulations 1998 have been reviewed and an airworthiness directive concerning Cessna 188 model aircraft, previously issued by CASA or its predecessors, has been cancelled. This cancellation, which will take effect on 31 July 2008, is in accordance with Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is required. As a result, no public consultation was conducted regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD cancellation was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products to ensure the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These airworthiness directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901 and regulated by section 6 of the Legislative Instruments Act 2003, apply to the entities responsible for the design and registry of aircraft, ensuring compliance with international standards set by the Convention on International Civil Aviation. The geographic and jurisdictional reach of these regulations is national, with CASA operating within Australia’s borders but adhering to international obligations. The cancellation of AD/CESSNA 188/17, which previously affected Cessna 188 model aircraft, reflects Australia's alignment with international airworthiness standards, thereby negating the need for public consultation or a Regulatory Impact Statement. This cancellation exemplifies how CASA exercises its authority under the Civil Aviation Act to maintain aviation safety while adhering to global conventions.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001(5) further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and constitutes a legislative instrument under the Legislative Instruments Act 2003. This regulatory framework is aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft within its jurisdiction.
In terms of obligations, the Civil Aviation Safety Regulations 1998 require CASA to issue ADs to maintain or restore airworthiness of aircraft and aeronautical products. These directives must be issued in accordance with the authority granted under regulation 39.001. The State of Registry, in this case, Australia represented by CASA, is obliged to ensure that the aircraft within its registry comply with the ADs, thereby maintaining the safety and airworthiness standards as per international conventions. This includes ensuring that the necessary modifications or inspections are carried out as specified in the ADs.
There are no specific offences or penalties outlined for non-compliance with the ADs in this particular legislative instrument. However, non-compliance with ADs can lead to severe consequences under broader aviation safety laws, including potential grounding of aircraft, fines, and even criminal charges in cases of gross negligence or willful disregard for safety regulations. The overarching aim is to ensure that all parties adhere to the airworthiness directives to maintain the highest safety standards in air navigation.