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 188/2 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 regulate civil aviation within Australia, aiming to ensure the safety of air navigation. The Act empowers the Governor-General to create regulations for this purpose. One such regulation, introduced under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives serve as a critical means of ensuring the continuing airworthiness of aircraft, aligning with Australia's commitments under the Convention on International Civil Aviation. The authority to issue these directives is grounded in the overarching aim of maintaining safety in air navigation as per the Act. The cancellation of an airworthiness directive for Cessna 188 model aircraft by CASA, effective from 31 July 2008, reflects the agency's adherence to international obligations and its commitment to safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, apply to all aircraft and aeronautical products within Australia, ensuring adherence to airworthiness standards as stipulated under the Civil Aviation Act 1988. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives, which aim to maintain the safety of aircraft in operation, are issued by CASA and are subject to the broader international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Registry, typically Australia in the case of domestically registered aircraft, bears the responsibility for ensuring the ongoing airworthiness of the aircraft within its jurisdiction. However, in alignment with international protocols, CASA has the authority to cancel existing airworthiness directives, such as AD/CESSNA 188/2 affecting Cessna 188 model aircraft, which has been cancelled effective 31 July 2008 due to Australia's commitments under the Convention on International Civil Aviation. This cancellation process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General is empowered to enact regulations that serve the purpose of ensuring the safety of air navigation, as stated in section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This regulatory framework is underpinned by the Acts Interpretation Act 1901, which classifies ADs as disallowable instruments, and the Legislative Instruments Act 2003, which recognises ADs as legislative instruments, as specified in subregulation 39.001(5).
The obligations imposed by the Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation require the State of Design to maintain the continuing airworthiness of aircraft types and to furnish necessary information to the States of Registry. Similarly, the State of Registry has the duty to establish or adopt requisite measures to ensure the continuing airworthiness of aircraft within its jurisdiction. This international obligation has led CASA to issue and subsequently cancel AD/CESSNA 188/2, which affected Cessna 188 model aircraft. The cancellation, which will take effect on 31 July 2008, is a direct result of Australia's adherence to the Convention on International Civil Aviation and does not necessitate public consultation. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, CASA has the authority to issue airworthiness directives as a means of ensuring the safety of air navigation. The AD/CESSNA 188/2 was issued by CASA or its predecessors but has now been cancelled. The cancellation was executed 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. Given that ADs are legislative instruments, they are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation establish clear obligations for both the State of Design and the State of Registry in maintaining the airworthiness of aircraft. Failure to comply with these obligations can result in serious safety concerns and potential legal repercussions. While the cancellation of AD/CESSNA 188/2 is not accompanied by specific offences or penalties outlined in the text, non-compliance with airworthiness directives in general could lead to significant civil or criminal consequences. The specific penalties for breaches of airworthiness requirements are detailed in other sections of the Civil Aviation Act 1988 and associated regulations, which may include fines, imprisonment, or both, depending on the severity of the breach.