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 206/37 affecting all model Cessna 206 series aeroplanes with SCL Turbine Pac powerplant Part Number 780-1000-1 converted in accordance with STC’s SE2352NM and SA2353NM. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 206/37. The cancellation will become effective on 25 September 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 Manager, Airframe and Structures, in the Airworthiness Engineering Group, 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 focusing on safety and efficiency within the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established, granting the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) to ensure the safety of air navigation. The objective of this regulatory approach is to maintain the highest safety standards in compliance with international conventions, such as Annex 8 to the Convention on International Civil Aviation. ADs serve as a crucial mechanism for communicating necessary actions to ensure the continuing airworthiness of aircraft, with CASA, as the national airworthiness authority, responsible for assessing and implementing these directives. The authority to issue and cancel ADs is vested in CASA by the Governor-General, aligning with the overarching policy objective of safeguarding public safety and adhering to international obligations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning types of aircraft or aeronautical products, which are then recognised as legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are crucial for ensuring the continuing airworthiness of aircraft, in line with obligations under Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to identified safety concerns and are applicable to all relevant aircraft registered within Australia, which is the State of Registry in this context. The AD/CESSNA 206/37, for example, was issued for all model Cessna 206 series aeroplanes with a specific turbine engine configuration. However, this particular AD was subsequently cancelled by CASA on 25 September 2008, as the unsafe condition it was meant to address no longer existed, thereby fulfilling Australia's international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) as per section 98 and regulation 39.001 respectively. Regulation 39.001(5) further specifies that an AD is 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 legislative framework ensures that ADs, which are crucial for maintaining the continuing airworthiness of aircraft, are issued in a manner that aligns with international standards and national safety requirements. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This obligation entails providing necessary information to States of Registry to ensure the safe operation of aircraft. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess the information from the State of Design before issuing an Australian AD if appropriate. This process ensures that Australian-registered aircraft meet international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the Act include a commitment to ensuring the continuing airworthiness of aircraft. Specifically, CASA must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate compliance with safety requirements. The State of Registry is also responsible for developing or adopting requirements that ensure the airworthiness of aircraft registered within its jurisdiction. This includes responding to and implementing ADs issued by CASA. These obligations are integral to maintaining high safety standards in the aviation industry and ensuring that all aircraft operate within the parameters set by international and national regulations.
Failure to comply with the requirements set out in ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil and criminal penalties. The specifics of these penalties are determined by the severity of the breach and the potential impact on aviation safety. Civil penalties can include fines and other monetary penalties, while criminal penalties may include imprisonment. The maximum penalties are not specified in the provided text but generally reflect the seriousness of the safety breach. The enforcement of these penalties ensures that all parties adhere to the stringent safety standards necessary for the operation of aircraft. This regulatory approach underscores the importance of maintaining airworthiness and the severe consequences of failing to do so.