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 210/24 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/24. The cancellation will become effective on 10 April 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 Parliament of Australia, was introduced to regulate civil aviation activities within the country, ensuring that they meet safety and other relevant standards. The Act empowers the Governor-General to make regulations for the Act's purposes and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, established under this Act, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. This legislation is pivotal in maintaining the safety and airworthiness of aircraft operating within Australian airspace, aligning with international standards set by the Convention on International Civil Aviation. The Act facilitates the implementation of measures necessary to address safety issues, ensuring compliance with both domestic regulations and international obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001. This legislation applies to the issuance of ADs by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, with these directives being legislative instruments as per the Legislative Instruments Act 2003. The Act encompasses entities such as aircraft manufacturers, operators, and regulatory bodies involved in maintaining the airworthiness of aircraft registered in Australia. Jurisdictionally, the application of these regulations is governed by the Commonwealth, ensuring compliance across the nation. The Act does not specify any exclusions, exemptions, or thresholds; however, the application and specifics of ADs may be further detailed or modified through subordinate instruments in line with the overarching objectives of safety and compliance with international standards set by the International Civil Aviation Organization (ICAO). The process of issuing and cancelling ADs, as exemplified by the AD/CESSNA 210/24 affecting Cessna 210 aircraft, demonstrates CASA’s commitment to adhering to international obligations and ensuring the continuing airworthiness of aircraft within Australia.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 in relation to the issuing of airworthiness directives (ADs) are detailed in section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. Section 98 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Additionally, subregulation 39.001(5) classifies an AD as a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, while the State of Registry must implement requirements to maintain airworthiness.
The obligations imposed by these regulations on parties and entities include the requirement for CASA to assess any ADs issued by the State of Design for aircraft on the Australian Register and, if appropriate, to issue corresponding Australian ADs. These ADs mandate specific actions to ensure the continuing airworthiness of the aircraft. The State of Registry must adhere to these mandates to maintain the airworthiness of individual aircraft within their jurisdiction. CASA, acting as Australia's national airworthiness authority, plays a pivotal role in ensuring that these obligations are met effectively. For instance, CASA issued and subsequently cancelled Australian AD/CESSNA 210/24 for Cessna 210 aircraft after assessing the AD from the State of Design, reflecting Australia's commitment to international standards under the Convention on International Civil Aviation.
Breaches of the obligations or requirements outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various consequences, including civil and criminal penalties. While specific penalties are not detailed in the text, it is clear that non-compliance with ADs could lead to serious safety implications. For example, failure to address mandatory actions specified in an AD could result in an aircraft being deemed unairworthy, leading to potential legal action against the operator or the State of Registry. The text indicates that the cancellation of AD/CESSNA 210/24 was due to the unsafe condition no longer existing, suggesting that previous non-compliance might have had serious repercussions. The regulatory framework underscores the importance of adhering to airworthiness directives to ensure the safety of air navigation.