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 207/17 affecting Cessna 207 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 207/17. The cancellation will become effective on 14 February 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, enacted to ensure the safety and efficiency of civil aviation, empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) to maintain the safety of air navigation. These ADs, detailed under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are legislative instruments that the Civil Aviation Safety Authority (CASA) issues to mandate specific requirements for types of aircraft or aeronautical products. The ADs are critical in fulfilling international obligations under the Convention on International Civil Aviation, particularly in ensuring that the State of Design provides necessary information to maintain the continuing airworthiness of aircraft types, which the State of Registry, such as CASA in Australia, must then enforce domestically. This legislative framework ensures that ADs are issued in alignment with international standards and are crucial for maintaining the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments designed to ensure the safety of aircraft. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. The authority to issue such directives is rooted in international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. In specific instances, such as the AD/CESSNA 207/17 for Cessna 207 aircraft, CASA may cancel an AD if the unsafe condition no longer exists, which was the case for the AD/CESSNA 207/17, resulting in its cancellation on 14 February 2008 without the need for a replacement AD. This process reflects Australia’s adherence to international standards and its commitment to aviation safety.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. This includes the issuance of airworthiness directives (ADs) which are covered under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are essential for maintaining the airworthiness of specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions require the State of Design to take responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In Australia, the Civil Aviation Safety Authority (CASA) is tasked with assessing the information provided by the State of Design and, if appropriate, issuing an Australian AD to enforce the requirements. This ensures that Australian aircraft meet international safety standards.
Breaching these regulations can have serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in severe penalties. For example, operating an aircraft that does not meet the requirements of an AD can lead to civil penalties, including fines and potential imprisonment. In addition, CASA can suspend or revoke an aircraft’s certificate of airworthiness, effectively grounding the aircraft until it complies with the AD. The maximum penalties for such offences are substantial, reflecting the high importance of adhering to airworthiness directives for public safety.