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 188/24 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 to ensure the safety of air navigation, was introduced to regulate civil aviation in Australia. Under this Act, the Governor-General has the authority to establish regulations, and the Civil Aviation Safety Regulations 1998 further detail the regulatory framework governing aviation safety. Specifically, regulation 39.001 of 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. This legislative structure allows CASA to mandate necessary safety measures and ensure that all aircraft and aeronautical products meet safety standards. The ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft in alignment with international standards set by the International Civil Aviation Organization (ICAO). The cancellation of a specific AD affecting Cessna 188 model aircraft reflects CASA's adherence to its obligations under the Convention on International Civil Aviation, without requiring public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for ensuring the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must implement requirements to maintain the airworthiness of aircraft within their jurisdiction. In this context, CASA issued AD/CESSNA 188/24 concerning Cessna 188 model aircraft, which has since been cancelled due to Australia’s obligations under international conventions. The cancellation of this specific AD, effective from 31 July 2008, did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act’s provisions.
Key Provisions
Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by most ICAO Contracting States.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of a particular aircraft type, with a duty to provide necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of aircraft within their jurisdiction. CASA has issued and subsequently cancelled AD/CESSNA 188/24, which affected Cessna 188 model aircraft. This cancellation will take effect on 31 July 2008, and no replacement AD is required. The cancellation results from Australia's commitments under the Convention on International Civil Aviation, and therefore, no public consultation was conducted regarding this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the requirements set forth in these regulations. This includes complying with ADs issued by CASA, which are designed to ensure the ongoing airworthiness of aircraft. The State of Registry has a specific obligation to implement measures that ensure the continuing airworthiness of aircraft registered within its jurisdiction, in accordance with Annex 8. Failure to comply with these regulations and directives may result in severe consequences, including potential criminal or civil penalties, depending on the nature and severity of the breach.
Under section 84A of the Civil Aviation Act 1988, any person who contravenes an AD or regulation may face criminal penalties, including fines and imprisonment. The maximum penalties for serious breaches can include fines of up to $22,000 for individuals and $110,000 for corporations, along with imprisonment terms that can extend up to 12 months for individuals and 18 months for corporations. In addition to criminal penalties, CASA may impose administrative penalties such as fines or suspension of airworthiness certificates. It is essential for all stakeholders to be aware of and comply with these obligations and potential consequences to maintain the highest standards of aviation safety.