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 310/46, affecting Cessna 310 model aircraft in 1977. 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 compliance time of this AD was within 25 hours time in service after 30 March 1977. As all affected aircraft would have been modified long ago, 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 ensure the safety of air navigation in Australia, and under this Act, the Governor-General is empowered to make regulations that serve this purpose. One such regulation is the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that CASA issues to mandate safety requirements, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the overall airworthiness of an aircraft type, issues these directives, which CASA then assesses and, if necessary, translates into Australian ADs for aircraft registered in Australia.
The explanatory statement clarifies that CASA has decided to cancel AD/CESSNA 310/46, which affected Cessna 310 model aircraft from 1977, effective from 5 June 2008. This cancellation was made without public consultation as it results in a reduction of regulatory burden, and no replacement AD is needed as the compliance period was within 25 hours of service after 30 March 1977. The decision to cancel the AD was executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments and can be disallowed under section 46A of the Acts Interpretation Act 1901. The application of these regulations extends to entities such as aircraft manufacturers, operators, and maintenance organisations, ensuring compliance with continuing airworthiness standards. The geographic reach of these regulations is national, as CASA, the national airworthiness authority, must implement directives issued by the State of Design and ensure they are enforced across all aircraft registered in Australia. While the ADs are comprehensive, certain exclusions may apply based on specific aircraft types or operational contexts, as determined by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations in the interest of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as a legislative instrument, as outlined in subregulation 39.001(5) and further elaborated under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design for a particular type of aircraft, CASA must review this information and, if necessary, issue a corresponding Australian AD. This ensures that all aircraft registered in Australia meet the safety standards set forth by the AD. For example, in the case of the Cessna 310 model aircraft, CASA issued AD/CESSNA 310/46 in 1977 and subsequently decided to cancel it on 5 June 2008 because the required modifications had already been completed within the compliance period. This process underscores CASA's role in maintaining the safety of aircraft registered in Australia.
Failure to comply with an AD can lead to significant consequences. The Civil Aviation Act 1988 and associated regulations impose strict requirements on aircraft owners, operators, and maintenance personnel to adhere to the terms of ADs. Non-compliance can result in severe penalties, including fines and potential imprisonment. For instance, operating an aircraft that does not meet the requirements of an AD could lead to criminal charges against the aircraft owner or operator. Additionally, CASA has the authority to ground non-compliant aircraft, which can have severe operational and financial implications for the affected parties.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. These regulations impose clear obligations on aircraft owners and operators to comply with ADs to maintain safety standards. Non-compliance can result in significant penalties, including fines and imprisonment, highlighting the importance of adhering to these safety regulations.