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 207/15 affecting Cessna T207 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 23 October 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety of civil aviation in Australia. To address the need for regulations that enhance air navigation safety, the Governor-General is empowered under section 98 of the Act to make regulations. The Civil Aviation Safety Regulations 1998, amended to include provisions such as regulation 39.001, further enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. CASA’s responsibility as the national airworthiness authority includes assessing and, when necessary, issuing Australian ADs to align with directives from the State of Design, thereby ensuring compliance with international obligations and the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at maintaining the safety of air navigation. These regulations apply to all aircraft types and aeronautical products within Australia, ensuring adherence to both national and international safety standards. Under these provisions, CASA can mandate specific requirements for aircraft or products to address identified safety issues. Geographically, these regulations operate within the Commonwealth jurisdiction, enforcing safety standards across all states and territories in Australia. The ADs issued by CASA are legislative instruments, subject to disallowance and oversight as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance and cancellation of such directives are conducted in alignment with the obligations under the Convention on International Civil Aviation, with particular emphasis on the roles of the State of Design and the State of Registry in ensuring the continuing airworthiness of aircraft. The process of issuing or cancelling ADs does not typically involve public consultation or the requirement for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General has the authority to establish regulations that promote the safety of air navigation (section 98). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These ADs serve as legal instruments, disallowable in accordance with section 46A of the Acts Interpretation Act 1901, and are governed by the provisions of the Legislative Instruments Act 2003 (section 6).
The obligations of the parties governed by these regulations are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, bears the responsibility for maintaining the airworthiness of a particular aircraft type and must furnish any necessary information to the appropriate States of Registry to uphold this airworthiness. Conversely, the State of Registry of an individual aircraft must develop or adopt requisite measures to ensure the ongoing airworthiness of that aircraft. When the State of Design issues an AD concerning a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
Failing to comply with the regulations set forth in the ADs can lead to civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, breaches of airworthiness directives can result in significant legal ramifications. These consequences may include fines, imprisonment, or both, depending on the severity of the violation. The exact penalties would be determined based on the specific regulatory breach and the jurisdiction in which it occurs.
In the context of the AD/CESSNA 207/15 affecting Cessna T207 model aircraft, CASA has assessed the directive and decided to cancel it. The cancellation, which will take effect on 23 October 2008, is due to Australia's obligations under the Convention on International Civil Aviation, and no replacement AD is necessary as the unsafe condition no longer exists. This decision was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Given the nature of this cancellation, no public consultation or Regulatory Impact Statement was required.