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 205/9, affecting Cessna 205 model 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 establish a comprehensive regulatory framework governing civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that facilitate the safety and efficiency of air navigation, with a clear emphasis on protecting public safety. The Civil Aviation Safety Regulations 1998 further operationalise the Act by detailing specific regulatory requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. ADs are legislative instruments that mandate specific safety measures for aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to maintain high safety standards in civil aviation, ensuring that aircraft remain airworthy through ongoing compliance with necessary safety directives.
Under the Civil Aviation Act 1988, CASA has the authority to cancel existing ADs if the conditions that necessitated them have been adequately addressed, thereby reducing unnecessary regulatory burdens. The cancellation of AD/CESSNA 205/9, affecting Cessna 205 model aircraft, is an example of this process, reflecting CASA's commitment to maintaining efficient and effective aviation safety regulations. The decision to cancel this directive was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, and is in accordance with the provisions of the Act, ensuring that the legislative process remains transparent and accountable.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Design and State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The AD/CESSNA 205/9, which affected Cessna 205 model aircraft from 1971, has been cancelled by CASA, effective from 17 January 2008, as the previously identified unsafe condition is now addressed by another AD. This cancellation reduces regulatory burden and does not require public consultation or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that serve the Act’s purpose and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. An AD is a legislative instrument, as per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore must be assessed under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on CASA and other entities include ensuring the continuing airworthiness of aircraft and aeronautical products. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue an Australian AD when necessary to mandate the requirements for Australian-registered aircraft.
CASA issued AD/CESSNA 205/9, affecting Cessna 205 model aircraft built in 1971. This AD has now been cancelled by CASA as the unsafe condition it addressed is now covered by AD/GENERAL/74 Amendment 1. This cancellation, which becomes effective on 17 January 2008, does not require consultation with the Australian public or a Regulatory Impact Statement, as it reduces the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are no specific offences, penalties, or consequences outlined for breaches of ADs in the text provided. However, non-compliance with ADs can lead to serious safety issues and potential enforcement actions by CASA, which may include fines, suspension or revocation of certificates, or other regulatory measures. The exact penalties for non-compliance with ADs would depend on the severity of the breach and the specific regulations in place.