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 188/7 amendment 1 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, enacted to ensure the safety of air navigation, empowers the Governor-General to make regulations as necessary. This Act provides the framework under which the Civil Aviation Safety Regulations 1998 operate, with regulation 39.001 specifically authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are integral to the ongoing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. This international standard assigns the State of Design a responsibility for the continuing airworthiness of aircraft types and requires the State of Registry to enforce relevant requirements. In line with these obligations, CASA has reviewed and subsequently cancelled AD/CESSNA 188/7 amendment 1, effective from 31 July 2008, with no replacement AD deemed necessary. This decision aligns with Australia's commitments under the Convention on International Civil Aviation and has been made without public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to specific types of aircraft or aeronautical products and are intended to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is authorised to issue ADs which, according to subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901. As legislative instruments, ADs are subject to the provisions of the Legislative Instruments Act 2003. The ADs must align with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires States of Registry to ensure aircraft are maintained to meet airworthiness standards. In this instance, CASA, acting on behalf of the State of Registry, issued and subsequently cancelled AD/CESSNA 188/7 amendment 1 for Cessna 188 model aircraft, a decision that was made in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and due to the obligations under the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that align with the Act’s objectives, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is a legislative instrument in its own right, as outlined in section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require CASA to ensure that ADs are issued to maintain the continuing airworthiness of aircraft. This includes providing necessary information to the States of Registry, which are responsible for ensuring the ongoing airworthiness of individual aircraft. The State of Design also has a key role, as it is responsible for the continuing airworthiness of an aircraft type and must furnish any information required to support this responsibility. This framework ensures a coordinated approach to aircraft safety that aligns with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation.
In terms of compliance, entities such as CASA and States of Registry must adhere to the requirements set out in the ADs. Failure to comply with these directives can result in significant safety risks, potentially leading to serious consequences for air navigation safety. The legislative framework imposes a duty on CASA to cancel ADs when necessary, as demonstrated by the cancellation of AD/CESSNA 188/7 amendment 1 affecting Cessna 188 model aircraft. This cancellation, effective from 31 July 2008, was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Breach of these regulations can result in various consequences, although specific offences and penalties are not detailed in the text. Generally, non-compliance with ADs or failure to ensure the continuing airworthiness of aircraft can lead to enforcement actions by CASA, which may include fines, suspension or revocation of aircraft certificates, or other regulatory sanctions. The precise penalties would be determined based on the nature and severity of the breach, in accordance with relevant aviation laws and regulations.