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 has raised AD/CESSNA 206/47 Amendment 3 to correct an unsafe situation on Cessna 206 aircraft. The Rear door operating placard previously required has been found to be incomplete in its instructions for some models of this aircraft. The revised Airworthiness Directive stipulates the revised placards for each of the three door mechanisms used on this aircraft. The State of Design for the Cessna 206 type, the United States of America, has not yet taken action to correct this unsafe condition. As there are many examples of the Cessna 206 on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft. The amended AD, AD/CESSNA 206/47 Amendment 3, will become effective on 5 August 2011. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the unsafe condition has been previously proven and this Airworthiness Directive amendment is a minor correction.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the A/Manager, Continuing Airworthiness, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the national airspace. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In line with international standards, such as Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. CASA issues airworthiness directives to address unsafe conditions identified in aircraft types registered in Australia, thereby enforcing the continuing airworthiness requirements. The Civil Aviation Safety Regulations 1998 further detail the process and scope of such directives, which are legislative instruments subject to disallowance and review. The policy objective is to maintain the highest safety standards in Australian civil aviation, in compliance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under these regulations, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products to address unsafe conditions identified on aircraft registered in Australia. These directives are legislative instruments that must be assessed and, if appropriate, implemented by CASA when issued by the State of Design. The ADs are binding on the State of Registry, which in the case of Australia, is CASA. Notably, these regulations apply to all aircraft registered in Australia, irrespective of the aircraft's State of Design, thereby encompassing various industries and entities involved in civil aviation. The ADs are crafted to align with international standards set by the International Civil Aviation Organization (ICAO) and aim to rectify specific safety issues identified by the relevant authorities. The scope of application extends nationally, and while ADs are mandatory, they do not require consultation with industry and the public if the unsafe condition has already been established and the directive represents a minor correction.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, allow for the issuance of airworthiness directives (ADs) under section 39.001. These directives, which are legislative instruments, are critical tools for ensuring the ongoing safety of aircraft. They are used to mandate specific actions or compliance measures to address safety issues that have been identified. For instance, the AD/CESSNA 206/47 Amendment 3 was issued to correct an unsafe condition found in some models of the Cessna 206 aircraft, specifically concerning the instructions provided in the rear door operating placard. This particular AD, made by the A/Manager, Continuing Airworthiness on behalf of CASA, aims to rectify the incomplete instructions and will replace the previous directive, becoming effective on 5 August 2011.
Entities governed by these regulations, such as aircraft operators and owners, are required to comply with all issued ADs. This compliance is mandatory to ensure the continuing airworthiness of the aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, must enforce these directives. Operators of affected aircraft must take the necessary steps to adhere to the AD, which in this case involves updating the rear door operating placards as specified in the directive. Failure to comply with an AD can result in the aircraft being deemed unairworthy, leading to potential grounding and legal repercussions.
Breach of the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive is an offence. The specific penalties for such breaches are not detailed in the provided text, but generally, they can include fines and, in severe cases, imprisonment. Additionally, operators may face civil liability for damages resulting from non-compliance, which can be substantial if an incident occurs due to the failure to adhere to the mandated safety measures. Thus, it is imperative for all parties involved to take the directives seriously and act promptly to ensure compliance.