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 337/26 affecting Cessna T337 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 337/26. 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 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its significant functions is to empower the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives. These directives, which are legislative instruments, serve to maintain the continuing airworthiness of aircraft types by addressing safety issues as per the requirements of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures for issuing such directives. The Civil Aviation Safety Authority (CASA), acting as Australia’s national airworthiness authority, assesses and implements these directives to comply with international standards, ensuring that Australian-registered aircraft meet necessary safety criteria. In the specific case of the AD/CESSNA 337/26, CASA cancelled the directive due to the resolution of the identified unsafe condition, thereby fulfilling its obligations under the international convention and reflecting its commitment to aviation safety.
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. These ADs, which are legislative instruments, apply to specific types of aircraft or aeronautical products within the Australian jurisdiction. The State of Design, typically the manufacturer, holds primary responsibility for the continuing airworthiness of aircraft types, and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is tasked with assessing this information and issuing Australian ADs as appropriate. In the case of the Cessna T337 aircraft, CASA has cancelled AD/CESSNA 337/26 due to the resolution of the unsafe condition, reflecting Australia’s commitment to international civil aviation standards under the Convention on International Civil Aviation. No public consultation or Regulatory Impact Statement was required for this cancellation, as determined by the Office of Best Practice Regulation. The AD cancellation is effective from 8 May 2008, with no replacement AD needed.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are a key component in the ongoing safety and airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure compliance with safety standards. Similarly, the State of Registry, which is responsible for the airworthiness of individual aircraft, must adopt or develop requirements to maintain these standards. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has recently assessed and subsequently cancelled AD/CESSNA 337/26, which pertained to Cessna T337 aircraft. This cancellation, effective from 8 May 2008, was made due to the resolution of the unsafe condition that the AD was addressing. Consequently, no replacement AD is required. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, there was no consultation with the Australian public regarding this AD cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued 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. This action underscores the commitment to maintaining high safety standards within the aviation industry by promptly addressing and resolving issues that could potentially compromise airworthiness.