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, 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. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA issued AD/CESSNA 188/43 affecting Cessna 188 series aircraft in 1991. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 by the Commonwealth Parliament, is the primary legislation governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established, providing detailed provisions for ensuring the safety of aircraft and aeronautical products. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations for the Act’s purposes, specifically to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. This legislative framework is designed to maintain and enhance the safety standards of aviation in Australia by enabling CASA to mandate necessary safety requirements and actions through ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This authority extends to mandating requirements for the continuing airworthiness of aircraft registered in Australia, ensuring compliance with both domestic and international standards. These ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the safety and airworthiness of aircraft. The State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type as outlined in Annex 8 to the Convention on International Civil Aviation, must provide necessary information to the States of Registry. In the Australian context, CASA, acting as the national airworthiness authority, assesses this information and issues corresponding ADs to enforce the requirements. The AD/CESSNA 188/43, initially issued in 1991, has been reviewed and subsequently cancelled by CASA as the unsafe condition it addressed has long since been resolved. This cancellation, effective from 17 January 2008, does not necessitate consultation with the Australian public or a Regulatory Impact Statement, given that it reduces the regulatory burden. The cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One of these regulations, 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. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are a standard method of continuing airworthiness information, mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type with the State of Design.
The obligations placed on parties under this Act are significant. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to the appropriate State of Registry, which, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This ensures that all aircraft in the Australian Register maintain their airworthiness according to international standards.
There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of ADs in the provided text. However, the non-compliance with ADs can lead to severe consequences, such as grounding of the aircraft, potential accidents, and legal liabilities for the aircraft operator. The text does mention that no consultation with the Australian public was required for the cancellation of AD/CESSNA 188/43, as the cancellation resulted in a reduction of the regulatory burden. Additionally, the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement, which streamlines the process of issuing and cancelling ADs. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.