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.
CASA issued AD/CESSNA 310/35 Amendment 1 affecting Cessna 310 aircraft in 1975. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes the legislative framework for civil aviation in Australia, focusing on the safety of air navigation among other objectives. To further regulate safety, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products under regulation 39.001. These directives serve as a means to maintain the continuing airworthiness of aircraft, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. In accordance with section 46A of the Acts Interpretation Act 1901, ADs are considered disallowable instruments, and thus legislative instruments under section 6 of the Legislative Instruments Act 2003. The AD/CESSNA 310/35 Amendment 1, originally issued in 1975, has been reviewed and subsequently cancelled by CASA due to the resolution of the original unsafe condition, effective from 24 September 2009. This cancellation was made without public consultation as it reduces regulatory burden and does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments made under section 98 of the Civil Aviation Act 1988, aimed at ensuring the safety of air navigation. ADs are issued for particular kinds of aircraft or aeronautical products and are considered necessary to address safety concerns identified by the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which is responsible for the individual aircraft, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs serve as the primary means of continuing airworthiness information among ICAO Contracting States, including Australia. In the specific case of AD/CESSNA 310/35 Amendment 1 concerning Cessna 310 aircraft manufactured in 1975, CASA has decided to cancel the directive due to the resolution of the original unsafe condition, effective from 24 September 2009. This decision does not necessitate consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, given the reduction of regulatory burden. The cancellation of the AD was executed by the Manager, Initial Airworthiness, within CASA's Airworthiness and Engineering Branch, pursuant to subsection 84A(2) of the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 revolve around the issuance and management of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are deemed legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by these provisions are significant. The State of Design is mandated to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is responsible for developing or adopting requirements to maintain the airworthiness of the aircraft registered within its jurisdiction. CASA, acting on behalf of the State of Registry, issues ADs to address specific safety concerns and ensure compliance with airworthiness standards.
Breaching the requirements of an AD can lead to severe consequences. Although the Civil Aviation Act 1988 does not explicitly detail penalties for non-compliance with ADs, failure to adhere to these directives can result in serious safety risks, potentially leading to criminal or civil liability. The severity of such consequences underscores the importance of complying with ADs to maintain the safety and airworthiness of aircraft.
In the case of AD/CESSNA 310/35 Amendment 1, CASA has decided to cancel this AD, which will become effective on 24 September 2009. This cancellation does not necessitate a replacement AD because the original unsafe condition no longer exists. CASA has determined that no consultation with the Australian public is required, as the cancellation reduces the regulatory burden. Additionally, the Office of Best Practice Regulation has assessed that ADs do not need a Regulatory Impact Statement. The AD was made by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.