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 320/2, affecting Cessna 320 model aircraft in 1967. 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 all affected aircraft would have been inspected long ago.
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, enacted by the Commonwealth Parliament, addresses the regulation and safety of air navigation within Australia. The Act empowers the Governor-General to create regulations that enhance the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, mandated under regulation 39.001, serve as legislative instruments ensuring the continuing airworthiness of aircraft types and aeronautical products in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are designed to address any safety issues identified by the State of Design, which is responsible for the continuing airworthiness of the aircraft type, while the State of Registry enforces these requirements on individual aircraft. The policy objective of these regulations is to maintain high safety standards in civil aviation, thereby protecting public safety and reducing the regulatory burden where appropriate.
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 ADs are legislative instruments under the Acts Interpretation Act 1901 and are integral to ensuring the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation. The ADs are issued by the State of Design and adopted by the State of Registry, which, in the case of Australia, is CASA. This legislative framework applies to all aircraft registered in Australia, and to entities such as aircraft manufacturers, operators, and maintenance providers who must comply with these directives. The geographic reach of this legislation is national, as CASA acts as Australia's primary regulatory body for civil aviation safety. There are no stated exclusions or exemptions in this particular regulation, though thresholds may apply to specific types of aircraft or aeronautical products based on safety considerations. The application of these ADs can be further refined or extended through subordinate instruments, ensuring that the regulatory framework remains adaptable to new safety concerns or technological advancements in aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations that promote the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, which means it is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is reviewed under the Legislative Instruments Act 2003.
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, holds the primary responsibility for providing the necessary information to ensure the continuing airworthiness of a specific aircraft type. Correspondingly, the State of Registry, where the aircraft is registered, must ensure the aircraft's ongoing airworthiness by developing or adopting requirements accordingly. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must review and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
The obligations imposed on the parties governed by the Act include adherence to ADs issued by CASA. Operators of aircraft must comply with ADs to ensure their aircraft remain airworthy. Failure to comply with an AD can result in serious safety implications and may lead to enforcement actions. CASA may take various steps, including the grounding of non-compliant aircraft, to enforce compliance. In the specific case of AD/CESSNA 320/2, which affected Cessna 320 model aircraft from 1967, CASA decided to cancel the directive, effective from 5 June 2008. This decision was based on the fact that all affected aircraft would have already undergone necessary inspections, and no replacement AD was required. The cancellation of this AD was deemed to reduce the regulatory burden and did not require consultation with the Australian public or a Regulatory Impact Statement.
Breach of ADs can result in both civil and criminal consequences. Civil Aviation Order 39.003 outlines the civil penalties for non-compliance, which can include fines and other enforcement actions. Criminal penalties may also apply, particularly if non-compliance results in significant safety risks. The maximum penalties for breaches can vary depending on the severity of the violation, but they can include substantial fines and, in serious cases, imprisonment. It is imperative for operators and other affected parties to understand and comply with ADs to avoid these potential legal repercussions.