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 raised AD/CESSNA 210/4 Amendment 2 to detect cracks in plastic control wheels in Cessna 210 model aircraft in 1969. As a result of a review of this AD, CASA has amended the directive to remove reference to an outdated Cessna Service Letter. AD/CESSNA 210/4 Amendment 3 will become effective on 30 July 2009. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because the amendment reduces the regulatory burden on Australian industry.
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 and Structures 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 the safety and efficiency of air navigation. This legislation was introduced to fill the need for a comprehensive legal framework governing civil aviation, addressing the complexities and risks associated with the operation of aircraft in Australia. The Act was enacted by the Commonwealth Parliament and its policy objective is to maintain and enhance the safety of civil aviation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail specific safety requirements and processes, including the issuance of airworthiness directives (ADs) to ensure the ongoing airworthiness of aircraft. ADs are a crucial tool under Annex 8 to the Convention on International Civil Aviation, allowing states to communicate essential safety information to ensure aircraft remain safe and airworthy throughout their operational lives.
The Civil Aviation (Safety) Amendment (Airworthiness Directives) Instrument 2009 (F2009L02809) amends an existing AD for certain Cessna 210 model aircraft to correct outdated references and streamline regulatory requirements. This amendment, issued by the Civil Aviation Safety Authority (CASA) under the authority of the Civil Aviation Act 1988, reflects a commitment to ensuring that ADs are both effective and efficient, reducing unnecessary regulatory burdens on the aviation industry while maintaining high safety standards. The legislative instrument was deemed not to require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, reflecting the minor nature of the amendment.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments under section 6 of the Legislative Instruments Act 2003 and serve to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs apply to all aircraft registered in Australia, and CASA, as the national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs based on information from the State of Design. For instance, CASA issued AD/CESSNA 210/4 Amendment 2 in 1969 to address cracks in plastic control wheels in Cessna 210 model aircraft, and this has been subsequently amended to reflect current safety standards. The amendment to this AD, which will take effect on 30 July 2009, removes outdated references and streamlines the regulatory requirements, reflecting CASA's commitment to efficient and effective aviation safety regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates on this by authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to maintain the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry as per Annex 8 of the Convention on International Civil Aviation. States of Registry are tasked with ensuring the airworthiness of individual aircraft, either by developing or adopting appropriate requirements. When an AD is issued by a State of Design, CASA, as Australia's national airworthiness authority, must review this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This is evident in CASA’s issuance of AD/CESSNA 210/4 Amendment 2, aimed at detecting cracks in the plastic control wheels of Cessna 210 model aircraft.
Breaching the requirements set out in an AD can result in serious consequences. The Civil Aviation Act 1988 stipulates that non-compliance with ADs can be considered an offence, potentially leading to criminal charges. The severity of penalties varies depending on the nature and extent of the breach, with maximum penalties being prescribed under the Act. For instance, significant breaches could result in substantial fines or imprisonment, reflecting the critical importance of airworthiness compliance for public safety. CASA’s authority to issue ADs underscores the stringent regulatory framework designed to maintain high safety standards in civil aviation.