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 210/44, affecting Cessna 210 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 14 February 2008. No replacement AD is required, as the original unsafe condition has long ceased to exist.
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 was enacted to provide a legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. It grants the Governor-General the authority to create regulations under section 98, with the overarching goal of enhancing air navigation safety. The Civil Aviation Safety Regulations 1998, pursuant to this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types and aeronautical products, thus playing a crucial role in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The Act and its accompanying regulations aim to align Australian civil aviation practices with international standards, ensuring a high level of safety and compliance with global aviation norms. The decision to cancel AD/CESSNA 210/44, effective from 14 February 2008, reflects CASA’s ongoing commitment to reviewing and updating regulatory measures to effectively address current safety concerns while alleviating unnecessary regulatory burdens.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for an aircraft type's airworthiness and must provide necessary information to States of Registry, which in turn must develop or adopt requirements to maintain airworthiness. CASA, as Australia's national airworthiness authority, assesses information from States of Design and issues Australian ADs to enforce these requirements. The scope of the ADs extends to all aircraft registered in Australia that fall under the specified types and models. The ADs are legislative instruments subject to disallowance and are made by CASA in accordance with the provisions of the Act. In this specific case, CASA has cancelled AD/CESSNA 210/44, affecting Cessna 210 model aircraft from 1980, due to the cessation of the original unsafe condition, and no replacement AD is required.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, the State of Design—the country responsible for the design of the aircraft—bears the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure the ongoing safety of the aircraft type to the States of Registry. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued AD/CESSNA 210/44 in 1980, affecting Cessna 210 model aircraft. After reviewing this directive, CASA decided to cancel it, effective from 14 February 2008. The cancellation was deemed appropriate as the original unsafe condition no longer existed, and no replacement AD was required. The Office of Best Practice Regulation determined that this cancellation did not necessitate a Regulatory Impact Statement, and therefore, no consultation with the Australian public was conducted. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Regarding compliance and enforcement, any breaches of the Civil Aviation Safety Regulations 1998, including non-compliance with ADs, may result in severe civil or criminal penalties. Under the Civil Aviation Act 1988, offences related to airworthiness can lead to significant fines and imprisonment. For instance, individuals or entities found guilty of operating an aircraft that does not meet airworthiness standards could face substantial penalties, reflecting the serious implications of non-compliance on aviation safety.