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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 206/17 affecting Cessna U206F aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/17. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 Acting 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 ensure the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for the regulation of civil aviation activities, including the establishment of the Civil Aviation Safety Authority (CASA), which is responsible for ensuring that aviation safety standards are met. One of the significant tools under this Act is the issuance of airworthiness directives (ADs), which are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 implement the safety standards and procedures required under the Act, and regulation 39.001 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. This legislative instrument is designed to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The objective is to ensure that aircraft remain safe and airworthy, thereby protecting public safety and promoting efficient air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with specific provisions for the issuance of airworthiness directives (ADs). Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for particular kinds of aircraft or aeronautical products, in accordance with the safety standards set out in the Act. An AD is a legislative instrument, subject to disallowance under the Acts Interpretation Act 1901, and its issuance must align with Australia’s obligations under the Convention on International Civil Aviation, particularly with respect to the continuing airworthiness of aircraft types. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must implement the necessary requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This includes assessing and potentially issuing Australian ADs when corresponding directives are issued by the State of Design. In the case of AD/CESSNA 206/17, CASA assessed and subsequently cancelled the directive due to the resolution of the unsafe condition, reflecting Australia's commitment to international safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The process is further regulated by the Legislative Instruments Act 2003.
The obligations under this legislation require CASA to act on ADs issued by the State of Design, which is responsible for the continuing airworthiness of aircraft types under Annex 8 to the Convention on International Civil Aviation. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. The State of Registry, which is responsible for the individual aircraft’s continuing airworthiness, must develop or adopt requirements to ensure safety. This interplay between the State of Design and the State of Registry ensures that safety standards are consistently applied across different jurisdictions.
Failure to comply with ADs could lead to significant legal consequences, as ADs are integral to maintaining the safety standards set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. While specific penalties for non-compliance are not detailed in the provided text, non-compliance with ADs could result in civil or criminal liability, including potential fines or imprisonment, depending on the severity of the breach. CASA has the authority to enforce compliance through various means, including inspections and audits, to ensure that all parties adhere to the safety requirements set out in the ADs.