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 310/7, affecting Cessna 310 series aircraft in 1958. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 10 April 2008. 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, 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 regulate civil aviation in Australia and ensure the safety of air navigation, addressing the need for comprehensive legislation to govern the civil aviation industry. The Act grants the Governor-General the authority to make regulations under section 98, ensuring that safety measures are implemented effectively. The Civil Aviation Safety Regulations 1998 further operationalise the Act by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the airworthiness of aircraft. This regulatory framework aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type.
The specific regulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, meaning they require parliamentary scrutiny. In this context, CASA, acting as Australia's national airworthiness authority, issued and subsequently cancelled AD/CESSNA 310/7 for Cessna 310 series aircraft, effective from 10 April 2008. The cancellation was deemed appropriate as the original unsafe condition no longer existed, thereby reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is a legislative instrument and is subject to disallowance under the Acts Interpretation Act 1901. The responsibility for the continuing airworthiness of an aircraft lies with the State of Design and the State of Registry, with CASA acting as the national airworthiness authority for Australia. In the case of AD/CESSNA 310/7, CASA has decided to cancel the AD affecting Cessna 310 series aircraft from 1958 due to the resolution of the original unsafe condition. This decision to cancel the AD was made in accordance with the legislative framework and does not require consultation with the Australian public as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 (CASR) allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5) of the CASR, are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The ADs play a crucial role in maintaining the continuing airworthiness of aircraft types, a responsibility that lies with the State of Design, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, must ensure the continuing airworthiness of individual aircraft by adopting or developing relevant requirements. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In the case of AD/CESSNA 310/7, which affects Cessna 310 series aircraft from 1958, CASA has decided to cancel it, effective from 10 April 2008. This decision was made because the unsafe condition that prompted the AD no longer exists, thus making a replacement AD unnecessary. The cancellation of this AD does not require public consultation, as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not need a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and CASR impose several obligations on the parties involved, including CASA's responsibility to issue ADs when necessary, the State of Design's duty to provide continuing airworthiness information, and the State of Registry's obligation to implement requirements ensuring the airworthiness of individual aircraft. CASA's role is to assess the information provided by the State of Design and, when appropriate, mandate the requirements through Australian ADs. Failure to comply with these obligations may result in safety risks, potentially leading to accidents or incidents involving affected aircraft.
The Civil Aviation Act 1988 and CASR also outline the consequences of non-compliance with ADs. Operators who fail to adhere to the requirements of an AD may face enforcement actions, including fines, prosecution, and potential suspension or revocation of their airworthiness certificates. The maximum penalties for non-compliance vary depending on the severity of the breach and the applicable laws. It is essential for operators to ensure that they comply with the ADs to maintain the safety and airworthiness of their aircraft.