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 188/18 affecting Cessna 188 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 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 to ensure the safety of air navigation, provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. One of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as mandated by regulation 39.001. Such directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. Recently, CASA reviewed and subsequently cancelled AD/CESSNA 188/18, which affected Cessna 188 model aircraft, in compliance with international obligations and without public consultation or the need for a Regulatory Impact Statement. This cancellation, effective from 28 August 2008, signifies the authority's commitment to upholding international safety standards while ensuring the continuous safety and reliability of aircraft in Australian airspace.
Scope and Application
The Civil Aviation Act 1988 provides the legislative foundation for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing the mechanisms by which safety standards are maintained and enforced. Under section 98 of the Act, the Governor-General is empowered to enact regulations that support the Act’s overarching goal of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation, and must communicate necessary information to the States of Registry. The State of Registry, in turn, is tasked with ensuring the ongoing airworthiness of individual aircraft. In accordance with these international obligations, CASA issued and subsequently cancelled AD/CESSNA 188/18, which pertained to the Cessna 188 model aircraft. The cancellation, effective from 28 August 2008, was conducted without public consultation as it was necessitated by Australia’s commitments under the Convention on International Civil Aviation. The Office of Best Practice Regulation has assessed that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to enact regulations for the safety of air navigation (section 98). One significant regulation, 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that must adhere to the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 (section 46A and section 6 respectively). An airworthiness directive is a formal and binding requirement aimed at maintaining the airworthiness of aircraft by addressing potential safety issues.
Entities governed by these regulations, particularly CASA, have the obligation to issue ADs when necessary to ensure the safety and airworthiness of aircraft. The State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the continuing airworthiness of aircraft types, and must provide all necessary information to the States of Registry. Conversely, the State of Registry must establish or adopt its own requirements to ensure that individual aircraft remain airworthy. CASA, in its capacity as the regulatory body, reviews and issues ADs as necessary, and it has the authority to cancel existing directives when deemed appropriate, as was the case with AD/CESSNA 188/18 concerning Cessna 188 model aircraft.
The cancellation of AD/CESSNA 188/18 was a result of Australia’s commitments under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement. This cancellation, effective from 28 August 2008, was carried out by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. This process highlights the streamlined nature of regulatory adjustments in response to international obligations. Failure to comply with ADs or other regulations can lead to significant legal consequences. While the specific penalties for non-compliance with ADs are not detailed in the provided text, breaches of regulations under the Civil Aviation Act 1988 can generally result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach.