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 208/4 affecting all Cessna 208, 208A and 208B model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 208/4. 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, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety, efficiency and orderly development of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. In accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument, and 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. The Civil Aviation Safety Authority, acting on behalf of the Australian Government, has the responsibility to assess and issue airworthiness directives as required, in order to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the scope and application of airworthiness directives within Australia. The Act applies to the Civil Aviation Safety Authority (CASA) which is responsible for ensuring the safety of air navigation in the Commonwealth. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance. These directives are integral to the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, with CASA fulfilling the role of the national airworthiness authority in Australia. CASA must evaluate directives issued by other states and, if necessary, issue corresponding Australian directives. For instance, CASA assessed and subsequently cancelled Australian AD/CESSNA 208/4, which affected all Cessna 208, 208A, and 208B model aeroplanes, as the unsafe condition it addressed no longer existed. This cancellation reflects Australia's commitment to international obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required for this action. The authority to issue these directives is exercised by CASA officials, specifically the Manager, Airframe and Structures, within the Airworthiness Engineering Group, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative framework for the issuance of airworthiness directives (ADs). According to these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, with the primary aim of ensuring the safety of air navigation. These ADs are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003, and they are issued in accordance with Annex 8 to the Convention on International Civil Aviation.
Under these provisions, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing Australian ADs when necessary. The State of Registry of an individual aircraft is also responsible for its continuing airworthiness and must develop or adopt requirements to ensure it.
The Civil Aviation Safety Regulations 1998 (subregulation 39.001(5)) stipulate that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that ADs can be subject to disallowance by either House of Parliament. ADs play a crucial role in maintaining the airworthiness of aircraft types and are a common form of continuing airworthiness information issued by most ICAO Contracting States, including Australia.
In relation to the specific AD/CESSNA 208/4, CASA issued this directive affecting all Cessna 208, 208A, and 208B model aeroplanes. However, CASA has since assessed the AD and, as a result, has cancelled Australian AD/CESSNA 208/4. The cancellation will become effective on 25 September 2008. This cancellation is due to Australia’s obligations under the Convention on International Civil Aviation, and 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 was made by the Manager, Airframe and Structures, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This action underscores CASA's commitment to ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia.