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 207/5, affecting Cessna 207 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 was enacted to regulate civil aviation and ensure the safety of air navigation within Australia. One of the key provisions of the Act is its delegation to the Civil Aviation Safety Authority (CASA) the ability to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical for ensuring the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers CASA, as the national airworthiness authority, to issue these directives when necessary, particularly when the State of Design issues an AD for aircraft registered in Australia. The Act thus facilitates the implementation of necessary safety measures and regulatory compliance to maintain the highest standards of air safety in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives, including their equivalents, serve as the primary means of ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States. An AD is a legislative instrument under the Legislative Instruments Act 2003, as it is a disallowable instrument under the Acts Interpretation Act 1901. The State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to assess ADs issued by States of Design and, if appropriate, issue Australian ADs to enforce these requirements. This regulatory framework ensures the safety and compliance of aircraft operations within Australian jurisdiction.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations to ensure the safety of air navigation. Specifically, 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 is further clarified in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to ensure airworthiness. The State of Registry, on the other hand, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these regulations ensure that both the State of Design and the State of Registry play crucial roles in maintaining the safety of aircraft. CASA must act promptly to review and respond to any ADs issued by States of Design, ensuring that Australian ADs are issued as necessary. This process involves rigorous assessment and adherence to international standards to protect the public and maintain safety in air navigation.
In relation to the specific case of AD/CESSNA 207/5, CASA has decided to cancel this AD affecting Cessna 207 model aircraft manufactured in 1971. This cancellation will take effect on 17 January 2008. No replacement AD is necessary because the original safety concern is now addressed by AD/GENERAL/74 Amendment 1. The decision to cancel the AD without public consultation was made due to its reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The consequences for non-compliance with these regulations can be severe. Breaches may result in civil or criminal penalties, depending on the nature and severity of the violation. The specific penalties are outlined in the Civil Aviation Act 1988 and may include fines, imprisonment, or both. The maximum penalties vary based on the offence and are designed to enforce compliance with safety regulations to protect the public and ensure the integrity of air navigation systems.