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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/CESSNA 400/1 affecting Cessna 411 model aircraft. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 28 August 2008. No replacement AD is required.
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, 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, was introduced to ensure the safety of air navigation and to establish a regulatory framework for civil aviation activities within Australia. This Act provides the legal basis for the Civil Aviation Safety Authority (CASA) to issue regulations aimed at maintaining the highest safety standards in the aviation sector. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act 1988, further detail the procedures and requirements for ensuring the airworthiness of aircraft and aeronautical products. One such procedure is the issuance of airworthiness directives (ADs), which CASA can issue to address safety issues related to specific aircraft types or aeronautical products. The policy objective of these regulations is to uphold the safety of air navigation by mandating that all aircraft and aeronautical products meet stringent safety standards, thereby mitigating risks and ensuring the highest levels of safety for passengers and crew.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning certain types of aircraft or aeronautical products. These directives are legislative instruments, as defined under section 6 of the Legislative Instruments Act 2003, and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The ADs are intended to ensure the continuing airworthiness of aircraft, aligning with Australia’s commitments under Annex 8 of the Convention on International Civil Aviation. The State of Registry for each aircraft is tasked with implementing these directives to maintain safety standards. The authority to issue and cancel such directives lies with CASA, which has exercised this power in the case of AD/CESSNA 400/1 affecting Cessna 411 model aircraft, with the cancellation taking effect from 28 August 2008. This cancellation, made in accordance with the Act, was executed by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA.
Key Provisions
The key operative sections of this legislation pertain to the issuance and cancellation of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) may issue ADs for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and therefore a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by this legislation are primarily concerned with ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. The specific AD/CESSNA 400/1 issued by CASA for Cessna 411 model aircraft has been reviewed and subsequently cancelled, effective 28 August 2008, due to Australia’s obligations under the Convention on International Civil Aviation. This cancellation was made without public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
The consequences for breaching the requirements set out in this legislation can be severe, given the critical nature of air safety. While the specific offences, penalties, and civil or criminal consequences for non-compliance with ADs are not detailed in the text, it is reasonable to infer that failure to adhere to ADs could result in serious safety breaches. CASA, as the regulator, would have the authority to enforce compliance and could impose penalties for non-compliance, which might include fines, suspension or revocation of airworthiness certificates, or other regulatory actions. The exact penalties would depend on the severity of the breach and would be determined in accordance with the Civil Aviation Act 1988 and other relevant regulations.