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 190/3, affecting Cessna 190 series aircraft in 1971. 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 is now addressed by AD/GENERAL/74 Amendment 1.
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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, primarily to ensure the safety of air navigation. This Act empowers the Governor-General to make regulations in the interests of safety, as seen in the Civil Aviation Safety Regulations 1998. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are legislative instruments that mandate the continuing airworthiness of aircraft and aeronautical products. The ADs serve as a critical tool in maintaining safety standards, aligning with international obligations under the Convention on International Civil Aviation. The Act was designed to address the need for a comprehensive regulatory framework that ensures the safety and efficiency of civil aviation in Australia. The policy objective is to uphold high safety standards in the aviation sector, which is integral to public safety and economic activity.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority extends to mandating safety measures for aircraft types registered in Australia, ensuring compliance with international standards set forth by the International Civil Aviation Organization (ICAO). The ADs serve as critical tools for maintaining the continuing airworthiness of aircraft and are aligned with the responsibilities of the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, implement these directives to address safety concerns identified by the State of Design. The issuance and cancellation of ADs, such as AD/CESSNA 190/3, are governed by internal CASA processes and do not typically require public consultation or a Regulatory Impact Statement unless specified otherwise. The AD cancellation in question, pertaining to the Cessna 190 series aircraft, has been determined by CASA to be effective from 17 January 2008, with no replacement AD required due to the resolution of the original safety issue.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure the safety of air navigation, as per section 98. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This regulatory framework is in line with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure safety.
The obligations under the Act and regulations primarily rest on CASA as the national airworthiness authority. CASA must assess information from the State of Design regarding any ADs issued against aircraft types registered in Australia. If deemed necessary, CASA is required to issue an Australian AD to enforce the safety requirements specified by the State of Design. This ensures that Australian aircraft meet the safety standards set forth by international agreements. The State of Registry, which in Australia is CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These requirements are crucial for maintaining the safety and airworthiness of aircraft operating in Australian airspace.
In the case of AD/CESSNA 190/3, which was issued in 1971 and pertains to Cessna 190 series aircraft, CASA has decided to cancel this directive. The cancellation will take effect on 17 January 2008. This decision was made because the original unsafe condition addressed by this AD is now covered by AD/GENERAL/74 Amendment 1, and thus no replacement AD is necessary. As this cancellation reduces the regulatory burden, no consultation with the Australian public was required. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
For breaches of airworthiness regulations or non-compliance with ADs, the Civil Aviation Act 1988 provides for various penalties. The Act allows for both civil and criminal penalties, including fines and imprisonment. The specific penalties depend on the nature and severity of the breach. For instance, under section 32 of the Act, an operator who contravenes an AD can face a fine of up to $12,600 for an individual offence and up to $63,000 for a continuing offence. Additionally, under section 33, a person who causes an aircraft to fly while knowing it is not airworthy can be subject to imprisonment for up to five years. These penalties underscore the importance of adhering to airworthiness directives and maintaining the highest safety standards in civil aviation.