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 340/19, affecting Cessna 340 model aircraft in 1978. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 3 July 2008. No replacement AD is required, as all affected aircraft would have been inspected, and, if necessary, 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 was enacted to ensure the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. The ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, ensuring that they meet necessary safety standards. As a legislative instrument, ADs can be disallowed under the Acts Interpretation Act 1901, and their creation is regulated by the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus provides a framework for the continuous oversight and safety management of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
The policy objective of the Civil Aviation Act 1988, particularly in relation to ADs, is to maintain high safety standards and to ensure that all aircraft operating within Australian airspace meet stringent airworthiness criteria. CASA, as Australia’s national airworthiness authority, plays a pivotal role in this process by issuing, reviewing, and cancelling ADs as necessary. For instance, CASA issued and subsequently decided to cancel AD/CESSNA 340/19, reflecting the completion of required inspections and modifications on the affected aircraft. This decision was made without public consultation, as it reduces the regulatory burden, and has been deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation. The AD cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the legislative framework outlined in the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain kinds of aircraft or aeronautical products. These directives are legislative instruments that aim to ensure the safety of air navigation, as outlined in section 98 of the Act. A State of Design, which has overarching responsibility for the continuing airworthiness of an aircraft type, issues ADs to provide necessary information for maintaining airworthiness. The State of Registry, which is responsible for the airworthiness of a specific aircraft, must adopt these directives. In the case of AD/CESSNA 340/19, affecting Cessna 340 model aircraft from 1978, CASA determined that the directive could be cancelled as all affected aircraft would have been inspected and modified long ago, thus reducing regulatory burden. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. This foundational provision allows for the creation of rules that are essential for maintaining safety standards within the industry. One significant regulation under this act is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs). These directives are crucial as they mandate specific requirements to ensure the safety and airworthiness of particular types of aircraft or aeronautical products.
Airworthiness directives are legislative instruments as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which classifies them as disallowable instruments under section 46A of the Acts Interpretation Act 1901. This classification underscores their regulatory importance and the need for adherence to the standards they establish. Annex 8 of the Convention on International Civil Aviation further emphasizes the role of the State of Design in ensuring the continuing airworthiness of aircraft types. This annex places the responsibility on the State of Design to provide necessary information to other States of Registry, which in turn, must implement these directives to ensure the safety of the aircraft they register.
Under the Civil Aviation Act 1988 and the associated regulations, CASA, as Australia’s national airworthiness authority, is mandated to assess information from the State of Design and issue corresponding ADs. This ensures that the requirements set by the State of Design are enforced in Australia. For example, CASA issued AD/CESSNA 340/19 for Cessna 340 model aircraft in 1978. Following a review, CASA decided to cancel this directive, effective 3 July 2008, due to the aircraft having been inspected and modified long ago. This decision highlights the adaptive nature of regulatory measures, ensuring they remain relevant and effective.
The issuance and cancellation of ADs are governed by stringent regulatory processes. CASA must follow specific procedures, as outlined in subsection 84A(2) of the Civil Aviation Act 1988, ensuring that any changes to airworthiness requirements are made with thorough consideration. The absence of public consultation for the cancellation of AD/CESSNA 340/19 is justified by the Office of Best Practice Regulation, which determined that such actions do not necessitate a Regulatory Impact Statement due to their nature of reducing regulatory burden. This streamlined approach allows for efficient management of airworthiness directives, ensuring they are both effective and manageable.