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 310/8, affecting Cessna 310 model aircraft in 1958. 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 this AD was only applicable to aircraft prior to serial number 35550 (during 1957). None of these aircraft are now registered in Australia, and newer aircraft do not suffer from the problem. Hence, 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 establish and regulate the safety and efficiency of civil aviation in Australia. One of its critical functions is to provide the framework for the issuance of airworthiness directives (ADs), which are essential for maintaining the continuing airworthiness of aircraft. Under section 98 of this Act, the Governor-General has the authority to make regulations, including ADs, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on this by empowering the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. The policy objective behind these regulations is to maintain and enhance aviation safety by ensuring that aircraft and products meet the necessary safety standards. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and, if necessary, issues corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and serve as critical tools for ensuring the continuing airworthiness of aircraft, mandated by the State of Design and enforced by the State of Registry. CASA, as Australia's national airworthiness authority, plays a pivotal role in assessing and, if necessary, issuing Australian ADs to comply with international standards set by ICAO. For instance, CASA issued AD/CESSNA 310/8 in 1958 for Cessna 310 model aircraft, which has since been cancelled due to the non-registration of affected aircraft and the resolution of the issue in newer models. The cancellation of this AD, which will become effective on 5 June 2008, was determined to not require public consultation or a Regulatory Impact Statement, reflecting a reduction in regulatory burden. This process is carried out 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 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, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments according to section 6 of the Legislative Instruments Act 2003. The authority to issue such directives is rooted in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for the safety of air navigation.
These airworthiness directives are crucial for maintaining the ongoing airworthiness of aircraft types, with the State of Design bearing the primary responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft as per the same Annex 8. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and issue an Australian AD if necessary to mandate the requirements of the State of Design.
CASA has issued, and subsequently decided to cancel, AD/CESSNA 310/8, which pertained to Cessna 310 model aircraft from 1958. The cancellation of this directive, which will take effect on 5 June 2008, is due to the fact that it was only applicable to aircraft prior to serial number 35550, manufactured during 1957. With none of these aircraft currently registered in Australia and newer models not affected by the issue, CASA has determined that no replacement AD is necessary. The cancellation does not necessitate consultation with the Australian public, as it results in a reduction of the regulatory burden. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require 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 Civil Aviation Act 1988. The obligations and requirements imposed by these regulations are primarily on CASA and the States of Design and Registry to ensure the safety and airworthiness of aircraft, with CASA having the authority to issue, amend, or cancel ADs as necessary. Failure to comply with these directives can result in serious safety risks and potential penalties under the Civil Aviation Act 1988, which could include fines and imprisonment for individuals and corporations found to be in breach of the regulations.