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 337/15, affecting Cessna 337 series aircraft in 1973. 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 modified 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, provides the legislative framework for the regulation of civil aviation in Australia, with a focus on safety. It empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs). ADs are legislative instruments that are integral to maintaining the continuing airworthiness of aircraft, as mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA's role includes assessing information from the State of Design and, if necessary, issuing Australian ADs to enforce these requirements on aircraft registered in Australia. In the specific case of AD/CESSNA 337/15, CASA has decided to cancel this directive due to its outdated nature, reflecting the successful implementation of its requirements over time. The cancellation, which aims to reduce regulatory burden without requiring a replacement AD, was made in accordance with the Civil Aviation Act and does not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide a comprehensive framework for ensuring the safety and airworthiness of aircraft in Australia. Under the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft. The ADs are issued by CASA in response to the State of Design providing information under Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, is responsible for ensuring the airworthiness of individual aircraft registered in Australia. The AD/CESSNA 337/15, which affected Cessna 337 series aircraft manufactured in 1973, has been reviewed and cancelled by CASA, effective from 5 June 2008, as the required modifications have already been implemented on the affected aircraft. The decision to cancel this AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Act. This cancellation does not require public consultation or a Regulatory Impact Statement, as it reduces the regulatory burden without affecting safety.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, particularly under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (regulation 39.001(1)). This regulatory power is exercised in the interest of ensuring safety in air navigation, as permitted under section 98 of the Civil Aviation Act 1988. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, thus making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft as stipulated under Annex 8 to the Convention on International Civil Aviation, which assigns the responsibility to the State of Design for the type of aircraft and to the State of Registry for individual aircraft.
The obligations imposed by these regulations on CASA and other relevant authorities include the responsibility to assess and respond to airworthiness directives issued by the State of Design. Specifically, CASA must evaluate any airworthiness directives affecting aircraft registered in Australia and, if necessary, issue corresponding Australian ADs to enforce the required safety measures (regulation 39.001(1)). This process ensures that all aircraft within Australia comply with international safety standards. The State of Registry is also mandated to develop or adopt requirements that ensure the continuing airworthiness of aircraft within its jurisdiction.
Failure to comply with the requirements set out in an airworthiness directive may result in various legal consequences. For instance, under section 98 of the Civil Aviation Act 1988, non-compliance could lead to penalties, including fines and imprisonment, as prescribed by the Act. Additionally, the non-compliance with an AD may render an aircraft non-airworthy, thus potentially leading to civil liabilities or even criminal charges if the non-compliance results in an aviation incident or accident. CASA has the authority to enforce these regulations through inspections, audits, and the imposition of fines and other sanctions as deemed necessary.
In the specific case of the Cessna 337 series aircraft, CASA issued AD/CESSNA 337/15, which has now been cancelled due to the aircraft involved having been modified long ago (regulation 39.001(5)). The cancellation of this AD, effective from 5 June 2008, reduces the regulatory burden and, as determined by the Office of Best Practice Regulation, does not require a Regulatory Impact Statement. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. No public consultation was necessary for this cancellation, as it streamlines regulatory requirements without adding new obligations.