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 310/16, affecting Cessna 310 model aircraft in 1969. 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 the original unsafe condition no longer exists.
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 ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for the regulation of civil aviation, including the issuance of airworthiness directives to maintain the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, with a focus on enhancing air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the procedures under which airworthiness directives can be issued by the Civil Aviation Safety Authority (CASA). This regulatory approach aligns with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types and that States of Registry implement requisite measures to ensure safety. The process for issuing and cancelling airworthiness directives, as seen with AD/CESSNA 310/16, is designed to address specific safety concerns while minimizing regulatory burden. The decision to cancel such directives is made by CASA, reflecting a commitment to ensuring that Australian aviation remains safe and compliant with international standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended by F2008L01617, pertain to the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, primarily to ensure the safety of air navigation. These regulations apply to all kinds of aircraft and aeronautical products, with the Civil Aviation Safety Authority (CASA) being the body responsible for issuing ADs as per regulation 39.001. The ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are integral to maintaining the continuing airworthiness of aircraft as outlined in Annex 8 of the Convention on International Civil Aviation. CASA must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. This particular regulation addresses the cancellation of AD/CESSNA 310/16 for Cessna 310 model aircraft from 1969, reflecting that the unsafe condition it was intended to address no longer exists. The cancellation, effective from 5 June 2008, does not necessitate a replacement AD nor public consultation, as it results in a reduction of regulatory burden. This decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, including the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, which include ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
These directives are critical for ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to mandate the requirements of the State of Design. For example, CASA issued AD/CESSNA 310/16 for Cessna 310 model aircraft in 1969, which has now been cancelled as the original unsafe condition no longer exists.
The obligations imposed by these regulations are significant for both CASA and the operators of affected aircraft. CASA is required to review and act on ADs issued by the State of Design, ensuring that Australian airworthiness requirements are met. Aircraft operators must comply with any ADs issued under the Civil Aviation Safety Regulations 1998, which includes adhering to the specified maintenance, repair, and operational requirements to ensure the safety of their aircraft. Failure to comply with an AD can result in serious consequences.
Breaching an AD can lead to civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can result in a civil penalty. The maximum penalty varies depending on the nature of the breach but can be significant, reflecting the importance of air safety. Additionally, serious breaches may lead to criminal charges, with penalties including fines and imprisonment. The severity of the penalties underscores the critical nature of adhering to ADs to maintain the highest standards of aviation safety in Australia.