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 210/17, affecting Cessna 210 series 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, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products to ensure continuing airworthiness, which is a legislative instrument under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus addresses the need for stringent safety measures in civil aviation by providing a legal framework for the continuous oversight and maintenance of aircraft to mitigate any potential safety risks.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued and enforced in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments that mandate specific requirements for maintaining the airworthiness of aircraft registered in Australia. The geographic reach of these regulations is national, affecting all aircraft registered within Australia and operated by entities including private individuals, commercial airlines, and other aviation businesses. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry, which in Australia is CASA. CASA, as Australia’s national airworthiness authority, must then assess this information and issue corresponding ADs if necessary. Notably, ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as they are intended to reduce regulatory burden and ensure safety.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are issued to ensure the continuing airworthiness of types of aircraft or aeronautical products, and are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901. Consequently, according to section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments. The State of Design holds primary responsibility for an aircraft type's continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, must establish requirements to ensure the airworthiness of aircraft registered within its jurisdiction.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for CASA, as Australia's national airworthiness authority, to assess information from the State of Design and, if deemed necessary, issue corresponding Australian ADs. This process ensures that the safety standards set by the State of Design are appropriately implemented in Australia. Additionally, the State of Registry must comply with the ADs issued by CASA to maintain the airworthiness of aircraft registered within its territory. CASA has the authority to issue ADs, as outlined in subsection 84A(2) of the Act, which mandates that ADs be issued by the Manager, Airframes in the Airframes Engineering Branch on behalf of CASA.
In the case of AD/CESSNA 210/17, which affected Cessna 210 series aircraft manufactured in 1971, CASA has decided to cancel this directive effective from 17 January 2008. This cancellation is due to the original unsafe condition being addressed by AD/GENERAL/74 Amendment 1. The decision to cancel the AD was made without public consultation, as it results in a reduction of the regulatory burden, and has been deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. There are no specified offences, penalties, or consequences for non-compliance with the AD cancellation, as the AD itself is no longer in effect. However, continued adherence to the new AD/GENERAL/74 Amendment 1 is required to ensure compliance with airworthiness standards.