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 210/13 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/13. 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 by the Commonwealth Parliament, establishes the legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. In conjunction with this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail on the implementation of safety measures, including the issuance of airworthiness directives (ADs) that mandate specific requirements for maintaining the airworthiness of aircraft types. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs. The objective of these regulations is to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in ensuring aircraft airworthiness. The AD/CESSNA 210/13 cancellation, made by CASA, reflects Australia's commitment to these international obligations, illustrating the process of addressing and resolving safety concerns in compliance with global aviation standards.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to specific types of aircraft or aeronautical products and are designed to ensure the safety of air navigation. The regulations empower CASA to issue ADs to maintain the continuing airworthiness of aircraft registered in Australia. This legislative authority extends to mandating compliance with airworthiness directives issued by the State of Design of an aircraft type. ADs serve as a crucial mechanism for disseminating continuing airworthiness information, which is essential for maintaining the safety standards of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the context of Australia is CASA, is responsible for ensuring that the airworthiness of each aircraft registered in Australia is maintained, and this includes complying with ADs issued by the State of Design or by CASA itself. This legislative framework underscores the importance of international cooperation in aviation safety, ensuring that Australian-registered aircraft meet globally recognised safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Act allows the Governor-General to create regulations to ensure the safety of air navigation, while regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation mandates that the State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft type to the State of Registry. This responsibility is particularly pertinent when the State of Design issues an AD against a type of aircraft registered in Australia. In such cases, CASA, acting as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Entities governed by the Civil Aviation Safety Regulations 1998 are obliged to comply with the ADs issued by CASA. These ADs serve as critical guidelines to ensure that aircraft remain airworthy, thereby maintaining safety standards in line with international conventions and agreements. For instance, when an AD is issued by the State of Design concerning a particular type of aircraft, the State of Registry, in this case CASA, must rigorously assess the AD and determine if an Australian AD is necessary. This involves ensuring that the AD addresses any unsafe conditions identified and mandates corrective actions to maintain the airworthiness of the aircraft. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, reflecting the focused and specific nature of these directives.
Failure to comply with an AD may result in severe consequences, both civil and criminal. While the specific penalties are not detailed in the provided text, it is clear that non-compliance could lead to significant legal repercussions. The seriousness of these potential penalties underscores the importance of adhering to ADs, which are designed to protect the safety and integrity of air navigation. The AD/CESSNA 210/13, which has been cancelled by CASA, serves as an example of how ADs are implemented and subsequently cancelled based on the evolving safety standards and assessments. The cancellation of this AD without a replacement indicates that the unsafe condition previously identified no longer exists, thus ensuring that Australian-registered Cessna 210 aircraft meet the required airworthiness standards.