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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 310/4 affecting Cessna 310 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 310/4. The cancellation will become effective on 10 April 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia and ensure the safety of air navigation, empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing international ADs and issuing corresponding Australian ADs when necessary, ensuring alignment with international standards and obligations.
In this context, CASA has cancelled the Australian AD/CESSNA 310/4 for Cessna 310 aircraft, effective 10 April 2008, due to the resolution of the unsafe condition identified by the original directive. This cancellation adheres to Australia’s commitments under the Convention on International Civil Aviation and does not necessitate a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The decision to cancel the AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to enact regulations in the interest of air navigation safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and oversight as per the Legislative Instruments Act 2003. The ADs serve to implement the responsibilities of States of Design and States of Registry as outlined in Annex 8 of the Convention on International Civil Aviation, ensuring that aircraft types and individual aircraft maintain their airworthiness. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and may issue Australian ADs if necessary, as seen in the case of AD/CESSNA 310/4, which was subsequently cancelled due to the resolution of the unsafe condition. This legislative framework underscores CASA's commitment to international standards while maintaining stringent safety measures within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as enforceable instruments under the Acts Interpretation Act 1901, and they are considered legislative instruments as per the Legislative Instruments Act 2003.
The obligations placed on parties by these provisions are substantial. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide all necessary information to ensure that aircraft remain airworthy. This information is typically disseminated via ADs. Correspondingly, the State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to ensure that aircraft remain airworthy. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Failure to comply with ADs can result in serious consequences. Civil and criminal penalties may be imposed for non-compliance, although specific penalties are not detailed in the given text. However, the seriousness of the consequences is underscored by the regulatory framework, which mandates strict adherence to airworthiness requirements to ensure public safety. CASA's authority to cancel ADs, as demonstrated by the cancellation of AD/CESSNA 310/4 for Cessna 310 aircraft, highlights the regulatory body's commitment to maintaining high safety standards.
Regulatory impact assessments and public consultations are not required for ADs, as determined by the Office of Best Practice Regulation. This decision is based on the understanding that ADs are integral to maintaining the continuing airworthiness of aircraft and ensuring public safety. The ADs are issued by authorised personnel within CASA, such as the Acting Manager of Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with section 84A(2) of the Act. This structured approach ensures that safety directives are issued and enforced efficiently and effectively.