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 310/33 Amendment 1 in 1995 to correct an unsafe situation on Cessna 310 model aircraft. AD/CESSNA 310/33 imposes a retirement life on these aircraft to manage structural fatigue. Structural fatigue can also be managed by an inspection program, such as the Cessna Structural Inspection Document (SID) program. CASA has now amended AD/CESSNA 310/33 to Amendment 2 to encourage use of the Cessna SID program and to remove the life limit for those aircraft maintained to the SID. The State of Design for these types, the USA, has not yet taken action to address structural fatigue. AD/CESSNA 310/33 Amendment 2 will become effective on 21 December 2006. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public in amending this AD, because the amendment reduces the regulatory burden on industry and allows aircraft to remain in service well past the previous retirement life as long as it is maintained to the SID program.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 legislation empowers the Governor-General to make regulations for the purposes of the Act and in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the requirements and processes for maintaining aircraft airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are instrumental in managing and mitigating safety risks associated with aircraft operations, and they are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization, to ensure the continuing airworthiness of aircraft and thereby enhance the overall safety of civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, pursuant to section 98 of the Civil Aviation Act 1988. These ADs are legislative instruments under the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is responsible for implementing these directives to ensure compliance with international standards. ADs are typically issued to address unsafe conditions or to mandate maintenance and operational requirements. For instance, AD/CESSNA 310/33 Amendment 2 was introduced to manage structural fatigue in Cessna 310 model aircraft, promoting the use of the Cessna Structural Inspection Document (SID) program while removing a previously imposed retirement life limit for compliant aircraft. This directive, made under the authority of the Civil Aviation Act and the Civil Aviation Safety Regulations, directly impacts aircraft operators and maintenance providers within Australia by setting forth mandatory safety and operational standards.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. This regulatory framework is designed to ensure the ongoing safety and airworthiness of aircraft, which is a fundamental aspect of civil aviation management. Furthermore, subregulation 39.001(5) clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to maintain and provide necessary information to ensure the continuing airworthiness of aircraft types. For Australian-registered aircraft, the State of Registry, which is CASA, must assess this information and, if necessary, issue ADs to enforce the safety requirements set forth by the State of Design. This collaborative regulatory approach ensures that safety standards are uniformly applied and maintained across international borders. In the case of the AD/CESSNA 310/33 Amendment 2, CASA has taken the responsibility of assessing the information provided by the State of Design (USA) and has issued an amended directive to address structural fatigue in Cessna 310 model aircraft, promoting the use of the Cessna Structural Inspection Document (SID) program and removing the previous life limit for compliant aircraft.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for non-compliance with airworthiness directives. However, non-compliance with these directives can potentially lead to severe consequences, including the grounding of aircraft, which can have significant operational and financial implications for operators. The authority to issue ADs and the subsequent enforcement of these directives are critical tools for CASA in ensuring the safety of air navigation. In the case of AD/CESSNA 310/33 Amendment 2, while CASA has not consulted with the Australian industry and public in making this amendment, the intent is to reduce the regulatory burden and allow compliant aircraft to remain in service beyond the previous retirement life. The decision not to require a Regulatory Impact Statement was made by the Office of Regulatory Review, underscoring the streamlined nature of the regulatory process for ADs under the Act.