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 206/31, affecting Cessna 206 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
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, enacted by the Australian Parliament, was designed to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. Specifically, it provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for particular types of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to maintain the highest safety standards in Australian civil aviation, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8, which mandates the State of Design to provide essential information for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, plays a crucial role in assessing and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs are designed to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation. An AD becomes a legislative instrument under the Legislative Instruments Act 2003, and CASA, acting as Australia's national airworthiness authority, must review and potentially issue an Australian AD when a State of Design issues one for aircraft on the Australian Register. The scope of these ADs is geographically and jurisdictionally broad, applying nationally to all aircraft within Australia’s jurisdiction, thereby affecting aircraft manufacturers, operators, and other entities involved in the aviation industry. While these ADs aim to enhance aviation safety, they do not require public consultation or a Regulatory Impact Statement, as they typically result in a reduction of regulatory burden. The AD/CESSNA 206/31, for instance, was cancelled by CASA because the unsafe condition it addressed no longer exists, illustrating the dynamic nature of airworthiness directives.
Key Provisions
The Civil Aviation Act 1988, and specifically regulation 39.001 of the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (sections 98 and 39.001). An AD is a legislative instrument and a disallowable instrument (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003). These directives serve as the primary means for ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation. This convention mandates that the State of Design holds overall responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure ongoing airworthiness. In Australia, CASA, as the national airworthiness authority, must assess any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these provisions require CASA to meticulously evaluate any AD issued by the State of Design, ensuring that the safety and airworthiness of aircraft are consistently upheld. CASA must implement an Australian AD if it finds that the AD issued by the State of Design is necessary for the safety of air navigation in Australia. This process ensures that all aircraft on the Australian Register meet the required safety standards. The cancellation of AD/CESSNA 206/31, which affected Cessna 206 model aircraft from 1980, exemplifies CASA's role. CASA reviewed this AD and decided to cancel it, effective 14 February 2008, as the unsafe condition it addressed no longer exists. This cancellation reflects CASA's duty to maintain safety standards while reducing unnecessary regulatory burdens.
In terms of consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify penalties for failing to comply with ADs. However, non-compliance with ADs can result in severe civil or criminal consequences, including potential aircraft groundings and legal action against the aircraft operator. CASA can take enforcement actions, such as issuing fines, suspension, or revocation of aircraft certificates of airworthiness, to ensure compliance with airworthiness standards. These measures underscore the importance of adhering to ADs to maintain the highest safety standards in the aviation industry.