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 207/22, affecting Cessna 207 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, aims to ensure the safety of air navigation, and under its provisions, the Civil Aviation Safety Regulations 1998 were formulated. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for ensuring airworthiness, while the State of Registry is tasked with implementing and enforcing the necessary requirements. In the context of the Cessna 207 model aircraft, CASA has decided to cancel an existing AD, effective from 14 February 2008, due to the resolution of the original safety concern, and no replacement directive is necessary. This cancellation, resulting in a reduction of regulatory burden, did not require public consultation or a Regulatory Impact Statement, and was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products, with these directives being classified as disallowable instruments under the Acts Interpretation Act 1901. This legislative framework is designed to ensure the ongoing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue ADs is exercised by CASA, the national airworthiness authority, which must consider ADs issued by the State of Design and implement corresponding measures for aircraft registered in Australia, as stipulated in Annex 8 to the Convention on International Civil Aviation. This process underscores the shared responsibility between the State of Design and the State of Registry in maintaining aircraft safety and airworthiness. The issuance, review, and potential cancellation of ADs, such as the case with AD/CESSNA 207/22 for Cessna 207 model aircraft, are carried out by CASA under the Civil Aviation Act 1988, with decisions made in the interest of enhancing aviation safety and minimising regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to protect the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This means that CASA has the authority to mandate safety requirements for aircraft and related products to ensure that they meet the necessary safety standards. These ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments under the Legislative Instruments Act 2003. The State of Design of an aircraft type holds the primary responsibility for ensuring the aircraft's continuing airworthiness, as per Annex 8 to the Convention on International Civil Aviation, and must provide any necessary information to States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the aircraft's continuing airworthiness.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to provide information on the continuing airworthiness of an aircraft type to the States of Registry. The State of Registry, in turn, must implement measures to ensure the airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce the safety requirements for aircraft registered in Australia. This ensures that all aircraft operating within Australia meet the required safety standards.
The legislation also outlines potential consequences for non-compliance with airworthiness directives. While specific penalties are not detailed in the provided text, it is understood that failure to comply with ADs could result in civil or criminal penalties. These penalties could include fines, imprisonment, or both, depending on the severity of the breach and the specific regulations involved. The exact penalties would be determined by the courts based on the relevant provisions of the Civil Aviation Act 1988 and any other applicable legislation. Compliance with ADs is crucial to maintaining the safety of air navigation and ensuring that all aircraft operate within the prescribed safety standards.