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 340/23, affecting Cessna 340 model aircraft in 1982. 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, enacted by the Australian Parliament, establishes the legislative framework for civil aviation safety within Australia. This Act was introduced to address the need for comprehensive regulation of civil aviation to ensure the safety and efficiency of air navigation. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority, responsible for issuing ADs when necessary, such as in the case of AD/CESSNA 340/23, which has now been cancelled after a review determined that no further action is required for the affected aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, with these directives being considered legislative instruments. The ADs are a crucial mechanism for ensuring the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Registry, while the State of Design must provide necessary information to support this. For aircraft on the Australian Register, CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding ADs to enforce the requirements set by the State of Design. For instance, CASA issued an AD for the Cessna 340 model aircraft in 1982, but this has now been reviewed and cancelled as all affected aircraft would have been inspected and modified long ago, reducing the regulatory burden without the need for public consultation or a Regulatory Impact Statement. The cancellation of this AD was authorised 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 enact regulations that support the Act and prioritise safety in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are formal legislative instruments under subregulation 39.001(5) of the Regulations and section 46A of the Acts Interpretation Act 1901. Furthermore, section 6 of the Legislative Instruments Act 2003 recognises ADs as legislative instruments.
In terms of obligations and requirements, the State of Design is primarily responsible for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by a State of Design for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 also stipulate that CASA issued AD/CESSNA 340/23, which affects Cessna 340 model aircraft manufactured in 1982. CASA has reviewed this AD and decided to cancel it, effective 3 July 2008. This cancellation is due to all affected aircraft having already been inspected and, if required, modified. No replacement AD is necessary. Furthermore, no consultation with the Australian public has been conducted for this cancellation because it 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.
Regarding potential consequences, the Civil Aviation Safety Regulations 1998 do not specify any particular offences, penalties, or civil/criminal consequences for breaching the ADs or failing to comply with the regulations. However, non-compliance with airworthiness directives could lead to safety issues, resulting in severe consequences for the operators and passengers of the affected aircraft. CASA, as the national airworthiness authority, has the power to enforce compliance through various means, including inspections, audits, and legal action.