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 310/47, 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 100 hours time in service after 31 July 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 and efficiency of civil aviation within Australia, addressing gaps in the regulatory framework that existed at the time. The Act empowers the Governor-General to create regulations for air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The Act's policy objective aligns with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information, which CASA must then assess and implement as necessary within Australia. As the national airworthiness authority, CASA issued and subsequently cancelled AD/CESSNA 310/47 for Cessna 310 model aircraft, reflecting a reduction in regulatory burden and aligning with the Act's overarching goal of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The State of Registry, which in this context is Australia, has the responsibility to develop or adopt requirements to ensure the airworthiness of aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, must assess and potentially issue Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register. In this instance, CASA issued AD/CESSNA 310/47 in 1977, which has now been cancelled following a review, as the affected aircraft would have been modified long ago, rendering the directive obsolete. The cancellation of this AD is effective from 5 June 2008 and does not require consultation with the public or a Regulatory Impact Statement, as it reduces the regulatory burden. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, with particular emphasis on the airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with safety in air navigation being a paramount consideration. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance under section 6 of the Legislative Instruments Act 2003.
In practice, the State of Design, which is the country where an aircraft type is designed, has the responsibility under Annex 8 to the Convention on International Civil Aviation for the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to ensure the continuing airworthiness of the type to States of Registry, which are the countries where individual aircraft are registered. When a State of Design issues an AD, the State of Registry, such as CASA in Australia, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft continue to meet the necessary safety standards.
The obligations imposed by these regulations are significant. CASA, as Australia’s national airworthiness authority, must ensure that any AD issued by a State of Design is assessed and, if necessary, implemented as an Australian AD. This involves a rigorous review process to ensure that the safety standards are maintained and that the requirements are feasible and necessary. The process also includes communicating these directives to all relevant stakeholders, such as aircraft operators and maintenance personnel, to ensure compliance.
Non-compliance with ADs can result in severe consequences. Under section 84A of the Civil Aviation Act 1988, failure to comply with an AD can lead to both civil and criminal penalties. Civil penalties can include fines and, in severe cases, the grounding of the aircraft until compliance is achieved. Criminal penalties may be imposed in cases of gross negligence or willful disregard of safety regulations, potentially resulting in imprisonment. The maximum penalties are determined by the severity of the breach and the impact on safety, reflecting the serious nature of airworthiness issues.