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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 336/2 affecting Cessna 336 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 336/2. The cancellation will become effective on 8 May 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies 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 to establish a framework for civil aviation safety, addresses the need for stringent regulatory measures to ensure air navigation safety. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. Complementing the Act are the Civil Aviation Safety Regulations 1998, which under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, in alignment with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. CASA’s role as the national airworthiness authority mandates it to assess and, if necessary, issue Australian airworthiness directives to enforce the requirements set by the State of Design. In accordance with these regulatory frameworks, CASA issued and subsequently cancelled Australian AD/CESSNA 336/2 for Cessna 336 aircraft, effective from 8 May 2008, due to the resolution of the unsafe condition, thereby fulfilling Australia’s international obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. This authority extends to mandating the continuing airworthiness of aircraft types registered in Australia, in alignment with international standards set forth by the Convention on International Civil Aviation. ADs serve as a critical mechanism for disseminating continuing airworthiness information and are issued by most ICAO Contracting States, including Australia, to address unsafe conditions identified in specific aircraft types. The State of Registry, in this case CASA, has the responsibility to assess the necessity of issuing an Australian AD in response to directives from the State of Design. In the specific case of AD/CESSNA 336/2 affecting Cessna 336 aircraft, CASA assessed the directive and subsequently cancelled the Australian AD due to the resolution of the unsafe condition, effective from 8 May 2008, without the need for a replacement AD. This action was taken in accordance with Australia's international obligations and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (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 formal notifications to aircraft owners and operators, mandating specific safety measures or corrective actions to address identified safety issues. Section 98 of the Civil Aviation Act 1988 supports the authority to create these regulations, ensuring they are in line with safety objectives. An AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is treated as a legislative instrument under the Legislative Instruments Act 2003.
The obligations placed upon entities by this Act are primarily centred around compliance with ADs. For instance, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure safety, in accordance with Annex 8 to the Convention on International Civil Aviation. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as stipulated in the same Annex. CASA, as Australia's national airworthiness authority, has a duty to assess any international ADs affecting aircraft on the Australian register and, if necessary, issue corresponding Australian ADs to enforce these requirements. This ensures that all aircraft operating within Australia meet the safety standards established by the relevant authorities.
Breaches of the provisions outlined in these regulations can lead to various civil and criminal consequences. Although the specific penalties for non-compliance are not detailed in the text, it is clear that failing to adhere to an AD could result in significant legal repercussions. The severity of these consequences would depend on the specific nature of the non-compliance and the potential risk posed to aviation safety. CASA's role in enforcing compliance with these directives underscores the importance of adhering to the mandated safety measures, and the potential for serious legal consequences for those who fail to do so.