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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 337/18 affecting Cessna 337 series aeroplanes in 1974. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 24 September 2009. No replacement AD is required.
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 Manager, Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the safety and regulation of civil aviation within Australia. This legislation aims to ensure the safety and efficiency of air navigation by empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that enforce continuing airworthiness requirements for aircraft and aeronautical products, as mandated by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 facilitates the alignment of Australia's aviation safety standards with international obligations, particularly concerning the responsibilities of the State of Design and State of Registry. CASA, acting on behalf of the Australian Government, cancelled a longstanding AD/CESSNA 337/18 affecting Cessna 337 series aeroplanes due to compliance with international obligations, effective from 24 September 2009, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework for ensuring the safety of air navigation within Australia and for Australian aircraft operating internationally. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs), which are legislative instruments intended to maintain the airworthiness of specific types of aircraft or aeronautical products. These directives are critical for ensuring that aircraft and related products comply with safety standards, and are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly those outlined in Annex 8. The ADs are applicable to aircraft registered within Australia, which makes the State of Registry responsible for ensuring the ongoing airworthiness of those aircraft. CASA's issuance of ADs is further governed by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which provide the framework for the creation and disallowance of such instruments. While ADs are pivotal for regulatory compliance, the process of issuing or cancelling these directives does not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The geographic and jurisdictional reach of these regulations extends nationally, ensuring that Australian standards are uniformly applied to all relevant aircraft and aeronautical products within the country.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as formal notices to aircraft owners and operators to ensure the continued safe operation of the aircraft, addressing any identified safety issues. The Civil Aviation Act 1988 and the Legislative Instruments Act 2003 support this authority, confirming that ADs are legislative instruments. Under subregulation 39.001(5), these directives are disallowable instruments, which means they can be reviewed and potentially disallowed by the relevant parliamentary committees.
The obligations imposed by these regulations primarily rest on CASA, which must ensure that ADs are issued when necessary to maintain or improve safety standards. CASA must also provide clear and detailed instructions in the ADs, specifying the required actions and compliance timelines for aircraft owners and operators. Additionally, the State of Registry, which is responsible for the individual aircraft's ongoing airworthiness, must implement and enforce the requirements set out in the ADs. This includes ensuring that the necessary maintenance, repairs, or modifications are completed within the specified timeframes.
Breach of the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, operating an aircraft in a manner that does not comply with an AD is an offence. This can result in civil penalties, including fines of up to $66,625 for individuals and $333,125 for corporations, as prescribed under section 24 of the Act. In more severe cases, CASA may suspend or revoke the aircraft’s certificate of airworthiness, effectively grounding the aircraft until compliance is achieved. Such actions are intended to enforce adherence to safety standards and protect public safety in air travel.