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 340/20 affecting Cessna 340 aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 340/20. 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, serves to regulate civil aviation and ensure the safety of air navigation. One aspect of this legislation is the issuance of airworthiness directives, which are regulatory tools used to mandate requirements for the continuing airworthiness of aircraft. These directives are crucial for maintaining safety standards and are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) plays a key role in this process, acting as the national airworthiness authority and ensuring that Australian requirements align with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers CASA to issue such directives when necessary, reflecting its commitment to safety and compliance with international conventions. The cancellation of a specific airworthiness directive for Cessna 340 aircraft, as mentioned in the explanatory statement, exemplifies the regulatory flexibility and responsiveness inherent in the Act's framework, ensuring that safety measures are promptly adjusted in response to new information or resolved issues.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments under the Acts Interpretation Act 1901. The ADs are intended to maintain the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry, in this case, CASA as Australia's national airworthiness authority. Such directives are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which places the obligation on the State of Design to provide necessary information for airworthiness. When an AD is issued by a State of Design affecting aircraft on the Australian Register, CASA must evaluate this information and issue an Australian AD if deemed necessary. This process was exemplified in the case of AD/CESSNA 340/20, which has since been cancelled due to the resolution of the unsafe condition, and thus no longer requires implementation.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. These regulations can encompass various aspects of aviation, including the issuance of airworthiness directives (ADs). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on parties and entities are substantial. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the ongoing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure the aircraft's airworthiness. Conversely, the State of Registry, which is the country where the aircraft is registered, must establish or adopt requirements to maintain the continuing airworthiness of the aircraft on its registry. CASA, as Australia's national airworthiness authority, has the responsibility to assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements.
Failure to comply with the provisions of the Act and the Regulations can lead to significant consequences. While specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in severe repercussions. This is underscored by the fact that ADs are legally binding instruments designed to ensure the safety of air navigation. Although the exact penalties for non-compliance are not specified, they could potentially include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the courts.
The Civil Aviation Safety Authority, through its issuance and subsequent cancellation of AD/CESSNA 340/20, has demonstrated the practical application of these regulations. The cancellation of the AD was a direct result of Australia's obligations under the Convention on International Civil Aviation, and no consultation with the Australian public was required as per the Office of Best Practice Regulation's determination that ADs do not necessitate a Regulatory Impact Statement. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in line with subsection 84A(2) of the Act.