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 340/30 Amendment 1, affecting Cessna 340 model aircraft in 1994. 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. In addition, AD/GENERAL/4 Amendment 1 also applies.
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 air navigation in Australia, with a focus on the regulation and oversight of civil aviation activities. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed provisions for maintaining the safety of aircraft and aeronautical products. Specifically, the regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments, as stipulated in the Legislative Instruments Act 2003, and are essential for ensuring the continuing airworthiness of aircraft types registered in Australia. CASA, acting on behalf of the Australian Government and in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, is responsible for issuing such directives when necessary. The objective of these regulations is to maintain the highest standards of aviation safety and to comply with international obligations regarding the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) within Australia, aiming to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with the Civil Aviation Safety Regulations 1998 providing that the Civil Aviation Safety Authority (CASA) may issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, and are intended to maintain the continuing airworthiness of aircraft types as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt requirements to this end. Consequently, when the State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to mandate the required actions. This regulatory framework extends nationally and applies to all aircraft and aeronautical products registered in Australia, ensuring compliance with international standards for aviation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs play a pivotal role in ensuring the continuing airworthiness of aircraft, with the State of Design having primary responsibility for this aspect under Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure that aircraft under its registry remain airworthy.
The obligations imposed by these regulations on CASA and the States of Registry are significant. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design when an AD is issued against a type of aircraft on the Australian Register. If deemed appropriate, CASA is required to issue an Australian AD to enforce the State of Design's requirements. This ensures that Australian aircraft meet the necessary safety standards and continue to be airworthy. The State of Registry, while not directly issuing ADs, must ensure that the aircraft within its registry comply with any ADs issued by CASA or other relevant authorities. This includes implementing any mandated inspections, modifications, or maintenance actions outlined in the ADs.
Failure to comply with the requirements set forth in the ADs can lead to serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against any person or entity that does not adhere to the directives. The specific penalties for non-compliance are not detailed in the text provided, but generally, they can include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988. It is essential for all parties involved in the operation and maintenance of aircraft to be fully aware of and comply with the ADs to avoid these potential consequences.