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 188/37 Amendment 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 provide a comprehensive legislative framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products, as stipulated in the Civil Aviation Safety Regulations 1998. The ADs are crucial for maintaining safety standards in line with international obligations, particularly under Annex 8 of the Convention on International Civil Aviation. In accordance with these international agreements, CASA has the responsibility to issue and manage ADs, which are legislative instruments subject to disallowance and review. This legislative process allows CASA to respond swiftly to safety concerns, ensuring that Australian civil aviation adheres to both national and international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to various entities, including the Civil Aviation Safety Authority (CASA), aircraft operators, manufacturers, and other aviation industry stakeholders, as well as the aircraft and aeronautical products themselves. These regulations are established under the authority of the Governor-General, who can make regulations to ensure the safety of air navigation. CASA, empowered by these regulations, issues airworthiness directives (ADs) to maintain the safety and airworthiness of aircraft types within Australia. These ADs are legislative instruments that fall under the purview of the Legislative Instruments Act 2003. The scope of these regulations extends nationally, ensuring that all aircraft registered in Australia comply with airworthiness standards. The ADs, as part of international obligations under the Convention on International Civil Aviation, particularly Annex 8, ensure that Australia meets its international commitments for the continuing airworthiness of aircraft. The ADs are typically not subject to public consultation or a Regulatory Impact Statement due to their technical nature and international obligations. The specific AD/CESSNA 188/37 Amendment 2, which has been cancelled, was issued and subsequently withdrawn by CASA, reflecting Australia’s adherence to international standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This is further clarified by subregulation 39.001(5), which identifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. The Convention on International Civil Aviation, particularly Annex 8, outlines the responsibilities of the State of Design and the State of Registry for ensuring the continuing airworthiness of aircraft.
Under these provisions, CASA, acting as the State of Registry, has the authority and responsibility to issue ADs to ensure the safety and airworthiness of aircraft. In the case of the Cessna 188 model aircraft, CASA issued AD/CESSNA 188/37 Amendment 2, which has now been cancelled due to Australia's obligations under the Convention on International Civil Aviation. The cancellation of this AD is effective from 31 July 2008, and no replacement AD is required. This action aligns with the international responsibilities of the State of Registry, which includes adhering to the directives and standards set forth by ICAO Contracting States.
The obligations imposed by these regulations on CASA include ensuring the continuing airworthiness of aircraft types and aeronautical products by issuing appropriate ADs. CASA must also review and cancel ADs when necessary, particularly when such actions are required to meet international obligations. In this instance, CASA has cancelled AD/CESSNA 188/37 Amendment 2 without public consultation, as mandated by the Convention on International Civil Aviation. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, simplifying the regulatory process while maintaining safety standards.
In terms of civil and criminal consequences for breach, the Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs. However, failure to adhere to ADs can result in severe consequences, including the potential grounding of aircraft, fines, and legal action. The broader implications of non-compliance could include compromised safety and liability issues, as ADs are crucial for maintaining the airworthiness of aircraft. CASA has the authority to enforce compliance through various means, including inspections and the revocation of airworthiness certificates for non-compliant aircraft.