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 310/1, affecting Cessna 310 model aircraft in 1956. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 5 June 2008. No replacement AD is required, as this AD was only applicable to aircraft prior to serial number 35139 (prior to 1956). None of these aircraft are now registered in Australia, and newer aircraft do not suffer from the problem. Hence, the AD is no longer required.
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 legislative framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These directives are legislative instruments subject to disallowance and review, as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to ensure that aircraft and aeronautical products meet the required safety standards and comply with international civil aviation conventions, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations mandate that States of Design and Registry work collaboratively to maintain the continuing airworthiness of aircraft, with CASA playing a crucial role in issuing Australian ADs based on information from the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. ADs are legislative instruments as defined under the Legislative Instruments Act 2003 and serve as the primary means of ensuring the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, and CASA, as Australia’s national airworthiness authority, must act on ADs issued by the State of Design. In the case of AD/CESSNA 310/1, CASA decided to cancel this particular directive due to it being applicable only to Cessna 310 models prior to serial number 35139, which are no longer registered in Australia. The cancellation, effective from 5 June 2008, reduces regulatory burden without necessitating a Regulatory Impact Statement or public consultation.
Key Provisions
The Civil Aviation Act 1988 provides a framework for the regulation of civil aviation in Australia, with the Governor-General having the authority to make regulations under section 98 for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) of these regulations also stipulates that ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on CASA include the responsibility to review and assess any ADs issued by the State of Design that pertain to aircraft types registered in Australia. If deemed necessary, CASA must issue corresponding Australian ADs to ensure compliance with the airworthiness requirements set forth by the State of Design. This is further supported by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the State of Registry.
In the context of AD/CESSNA 310/1, CASA has decided to cancel this directive which was initially applicable to Cessna 310 model aircraft manufactured in 1956. This decision follows a review process and is effective from 5 June 2008. The cancellation of this AD is justified by the fact that no aircraft affected by the directive are currently registered in Australia and newer models of the aircraft do not suffer from the issues addressed by the AD. Consequently, there is no need for a replacement AD. CASA has also determined that no consultation with the Australian public is required for this cancellation, as it results in a reduction of regulatory burden. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with the requirements set out in the ADs may lead to civil or criminal consequences. The Act and the Regulations do not explicitly detail specific offences or penalties for non-compliance with ADs, but non-compliance generally results in potential enforcement actions by CASA, which could include fines, suspension of airworthiness certificates, or other regulatory sanctions. CASA's actions are guided by the overarching aim of ensuring the safety of air navigation and maintaining the airworthiness of aircraft within Australia.