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 210/28 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/28. 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 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. It provides the legislative framework under which the Civil Aviation Safety Authority (CASA) operates, including the authority to issue airworthiness directives (ADs) to maintain and enhance the safety of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Civil Aviation Act 1988, further detail the processes and requirements for issuing ADs. Regulation 39.001 of these regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring that all such directives align with the overarching goal of maintaining the highest standards of air safety as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. This particular piece of legislation aims to address the need for consistent and enforceable safety measures across the aviation sector, ultimately protecting the public and ensuring the integrity of air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument and are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the State of Registry, which must then implement requirements to maintain airworthiness. When an AD is issued by a State of Design affecting an aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if necessary, issue an Australian AD. In this specific instance, CASA has cancelled Australian AD/CESSNA 210/28, which pertained to Cessna 210 aircraft, effective from 10 April 2008, as the unsafe condition identified in the original directive no longer exists.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft and aeronautical products. An AD is a legislative instrument (subsection 39.001(5), Civil Aviation Safety Regulations 1998), which is created to ensure the safety of air navigation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness to the States of Registry, including Australia. CASA, as Australia's national airworthiness authority, has the duty to assess this information and issue an Australian AD if necessary.
The obligations imposed on CASA under these provisions include the assessment of information provided by the State of Design regarding the airworthiness of a type of aircraft. CASA must then decide whether to issue an Australian AD, which will mandate specific requirements to maintain airworthiness. These requirements are necessary to ensure that the aircraft remains safe for operation. CASA must also monitor and assess the continuing airworthiness of aircraft within Australia, ensuring compliance with all relevant ADs. Furthermore, CASA is tasked with the responsibility of cancelling ADs when the unsafe conditions they address no longer exist, as demonstrated by the cancellation of AD/CESSNA 210/28 for Cessna 210 aircraft.
The failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may be considered an offence, and penalties can be imposed. These penalties can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the specific breach and the discretion of the court. Additionally, the operation of an aircraft that does not comply with an AD can result in the aircraft being grounded, which can have severe financial and operational repercussions for the aircraft owner or operator. CASA has the authority to take enforcement actions against those who do not comply with ADs, ensuring that the safety standards are upheld.
The legislative process for issuing and cancelling ADs is also outlined in the Civil Aviation Act 1988. The cancellation of an AD, such as AD/CESSNA 210/28, must be conducted in accordance with the Act. In this case, the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, made the decision to cancel the AD on behalf of CASA, as permitted by subsection 84A(2) of the Act. The process does not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which has found that ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that CASA can swiftly respond to changes in airworthiness information from the State of Design, thereby maintaining the safety of Australian civil aviation.