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 188/6 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 standards and regulatory oversight in the industry. In line with this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the requirements for maintaining airworthiness and safety in aviation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for particular types of aircraft or aeronautical products. These directives, as legislative instruments, are made to ensure that the continuing airworthiness of aircraft aligns with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to maintain high safety standards and ensure the continuing airworthiness of aircraft in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a regulatory framework governing the issuance of airworthiness directives (ADs) within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory authority is exercised to ensure compliance with safety standards and to maintain the continuing airworthiness of aircraft registered in Australia, thereby aligning with Australia's obligations under Annex 8 to the Convention on International Civil Aviation. The ADs, as legislative instruments, are subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft types and aeronautical products registered in Australia, ensuring that the State of Registry maintains compliance with national and international safety standards. The authority to issue, amend, or cancel ADs is exercised by CASA, reflecting its responsibility for the ongoing airworthiness of aircraft within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) under regulation 39.001, which empower the Civil Aviation Safety Authority (CASA) to mandate safety measures for certain types of aircraft or aeronautical products. These directives, as stipulated in section 98 of the Act, are instrumental in ensuring the safety of air navigation. Notably, subregulation 39.001(5) clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus constitutes a legislative instrument as per the Legislative Instruments Act 2003. The responsibility for the continuing airworthiness of an aircraft type falls on the State of Design, which must furnish necessary information to the States of Registry, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Registry, in turn, must establish or adopt requisite measures to maintain the airworthiness of individual aircraft.
The obligations imposed by the Act and Regulations on CASA and other relevant parties include ensuring that ADs are issued to maintain or restore airworthiness. CASA is tasked with reviewing existing ADs, such as AD/CESSNA 188/6, which affects Cessna 188 model aircraft. Following a review, CASA has the authority to cancel an AD if deemed necessary, as evidenced by the cancellation of AD/CESSNA 188/6, effective from 31 July 2008. This cancellation is in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation is required for such actions. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The legislative framework also outlines the consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is implicit that failure to adhere to ADs could result in legal ramifications. These may include civil penalties for non-compliance with airworthiness requirements, potentially impacting the certification and operation of the affected aircraft. Additionally, criminal penalties could apply in cases of severe non-compliance, reflecting the serious nature of air safety regulations. The exact penalties would be in line with the broader provisions of the Civil Aviation Act 1988 and associated regulations, which aim to uphold the highest standards of aviation safety.