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 210/34 affecting Cessna 210 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 210/34. 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, establishes the framework for the regulation of civil aviation, with an overarching focus on ensuring the safety of air navigation. In line with this objective, the Governor-General is empowered under section 98 of the Act to issue regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under this authority, provide the Civil Aviation Safety Authority (CASA) with the ability to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as outlined in regulation 39.001. The purpose of these ADs is to address and mitigate safety issues that may affect the continuing airworthiness of aircraft. This legislative framework ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry in maintaining aircraft airworthiness. The ADs serve as a critical tool in this context, and their issuance or cancellation, as in the case of AD/CESSNA 210/34, is executed by CASA in accordance with the Act’s provisions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety of air navigation in Australia. Under these laws, CASA is empowered to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products, with these directives serving as legislative instruments under the Acts Interpretation Act 1901. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must ensure the continuing airworthiness of individual aircraft registered in Australia. In the specific case of AD/CESSNA 210/34, CASA has cancelled the directive concerning Cessna 210 aircraft due to the resolution of the unsafe condition that originally prompted its issuance. This cancellation reflects Australia's adherence to international obligations and will become effective on 10 April 2008, with no replacement AD being necessary.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, authorises the Governor-General to create regulations for the safety of air navigation, with CASA being empowered to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory framework underscores the importance of maintaining the safety and airworthiness of aircraft, particularly in alignment with international standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily rest on the State of Design, which is tasked with ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the State of Registry to maintain safety standards. The State of Registry, on the other hand, is responsible for developing or adopting requirements that ensure the airworthiness of individual aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance. Failure to adhere to airworthiness directives and the associated safety requirements can result in severe penalties. While specific penalties are not detailed in the provided text, non-compliance generally risks the safety of air navigation and can lead to legal repercussions under the Civil Aviation Act 1988. Ensuring compliance with ADs is crucial to maintaining the safety standards required by international and domestic regulations.
In the specific case of AD/CESSNA 210/34 affecting Cessna 210 aircraft, CASA issued an AD based on the assessment of the unsafe condition identified by the State of Design. The AD has since been cancelled on 10 April 2008, as the unsafe condition no longer exists. This cancellation reflects Australia's adherence to its obligations under the Convention on International Civil Aviation. No replacement AD is required, and no public consultation or Regulatory Impact Statement was necessary for this cancellation, as determined by the Office of Best Practice Regulation. The AD was 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.