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 337/2 affecting Cessna 337 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 337/2. The cancellation will become effective on 5 June 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 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 by the Australian Parliament, is the foundational piece of legislation governing civil aviation in Australia. It provides the legal framework within which the Civil Aviation Safety Authority (CASA) operates to ensure the safety and efficiency of air navigation. The Act allows for the creation of regulations to further these objectives, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing ADs, establishing CASA's authority to mandate specific safety requirements for aircraft and aeronautical products. These regulations were developed in response to the need for a consistent and internationally aligned approach to aircraft safety and airworthiness, as outlined in Annex 8 of the Convention on International Civil Aviation. The policy objective of the Civil Aviation Act 1988 is to provide a comprehensive legal structure that supports the safe, secure, and efficient operation of civil aviation in Australia, in line with international standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, outlines the regulatory framework for ensuring the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure compliance with these standards within Australia. Consequently, CASA issues Australian ADs based on assessments of information provided by the State of Design, as seen in the case of AD/CESSNA 337/2 affecting Cessna 337 aircraft, which has since been cancelled due to the resolution of the unsafe condition it was intended to address.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations that pertain to the Act, with a focus on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 (section 46A) and the Legislative Instruments Act 2003 (section 6). Such directives are pivotal for ensuring that aircraft maintain their airworthiness standards.
These airworthiness directives are integral to ensuring that the continuing airworthiness of an aircraft is maintained. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of a particular aircraft type, and must furnish necessary information to the States of Registry to facilitate this. The State of Registry, in turn, must develop or adopt requirements to ensure that the aircraft under its purview remain airworthy. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the specific case of AD/CESSNA 337/2, which affects Cessna 337 aircraft, CASA has evaluated the directive and determined that it should be cancelled. This decision is due to the unsafe condition, which no longer exists, thus rendering a replacement AD unnecessary. The cancellation of this AD will take effect on 5 June 2008. Given that this cancellation is a direct result of Australia’s obligations under the Convention on International Civil Aviation, there has been no consultation with the Australian public. Furthermore, the Office of Best Practice Regulation has assessed that ADs do not require a Regulatory Impact Statement.
The Manager of Systems and New Technologies in the Airworthiness Engineering Branch issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This highlights the procedural compliance with statutory requirements in issuing and cancelling ADs. The obligations under the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 are stringent, ensuring that all measures are taken to maintain the highest safety standards in civil aviation.