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 207/6 affecting all Cessna 207 series model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 207/6. The cancellation will become effective on 25 September 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 Commonwealth Parliament, was designed to regulate civil aviation within Australia and ensure its safety. The Act empowers the Governor-General to establish regulations aimed at enhancing the safety of air navigation. One significant regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs serve as crucial instruments in maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. In accordance with Australia's obligations under the Convention, CASA evaluates and issues ADs based on assessments of information provided by the State of Design. The cancellation of an AD, such as AD/CESSNA 207/6 for Cessna 207 series aeroplanes, is made without public consultation, as it is determined that ADs do not necessitate a Regulatory Impact Statement. This AD cancellation was executed by CASA to align with international obligations and reflects the Authority's commitment to maintaining the safety and airworthiness of aircraft within Australia.
Scope and Application
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 further detailing the specific measures and requirements to ensure safety. Under this legislative structure, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) to mandate safety requirements for types of aircraft or aeronautical products. An AD, as a legislative instrument, is issued to address safety issues identified in aircraft design and must be assessed and, if appropriate, adopted by CASA in accordance with the obligations under the Convention on International Civil Aviation. The AD applies to all entities and individuals involved in the operation of the specified aircraft, including aircraft owners, operators, and maintenance personnel, and its jurisdictional reach is national, as CASA is Australia’s designated authority for airworthiness. There are no stated exclusions or exemptions in the regulations concerning ADs, and the issuance of such directives is subject to the disallowance process under the Acts Interpretation Act 1901. The application of the AD can be extended or restricted through subordinate instruments, but in this instance, the AD has been cancelled due to the resolution of the identified unsafe condition, and thus no replacement AD is required.
Key Provisions
The Civil Aviation Act 1988 empowers the Governor-General to make regulations under section 98, which pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types 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 thus, it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The main obligation imposed by the Civil Aviation Safety Regulations 1998 on the State of Design is to provide necessary information to ensure the continuing airworthiness of an aircraft type to the States of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, has the responsibility to assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. In this context, CASA issued AD/CESSNA 207/6 for all Cessna 207 series model aeroplanes, which has now been cancelled due to the unsafe condition no longer existing.
The cancellation of AD/CESSNA 207/6, mandated by Australia’s obligations under the Convention on International Civil Aviation, does not require consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD 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.
In terms of consequences, any breach of the requirements set out in the Civil Aviation Safety Regulations 1998 could result in significant penalties. However, the specific penalties for breaching an AD are not detailed in the provided text. It is important for parties governed by these regulations to comply with all issued directives to avoid potential enforcement actions by CASA.