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 400/106 affecting Cessna 404 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 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, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to regulate civil aviation in Australia and ensure safety, was supplemented by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products to maintain safety standards. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry. CASA, as Australia’s national airworthiness authority, assesses this information and issues Australian ADs as required. Recently, CASA issued and subsequently cancelled AD/CESSNA 400/106 for the Cessna 404 model, reflecting a determination that the unsafe condition no longer exists, and this cancellation aligns with Australia's international commitments. The cancellation was made by the Manager, Airframes in the Airworthiness Engineering Group on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing safety of aircraft operating in Australian airspace, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The Act applies to all entities involved in the design, manufacture, and operation of aircraft within Australia, including aircraft owners, operators, and manufacturers. The geographic scope of the Act is national, governing activities across all states and territories of Australia. ADs are legislative instruments and, as such, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. While the Act and its regulations broadly apply to all relevant entities and aircraft, specific exclusions or exemptions are not explicitly detailed within the provided text. However, the application of ADs may be extended or restricted through subordinate instruments as needed to address particular safety concerns or technological advancements in aviation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations that aim to ensure the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness.
Entities governed by these provisions, such as CASA and States of Registry, have specific obligations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. CASA, as Australia’s national airworthiness authority, must review any ADs issued by the State of Design concerning aircraft on the Australian Register and decide whether to issue a corresponding Australian AD. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. The State of Design must share relevant information to help the State of Registry and CASA maintain safety standards. These regulations ensure that aircraft operating in Australia meet necessary safety standards.
Failure to comply with the requirements of ADs can result in significant consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance may lead to civil or criminal penalties. The specific penalties for breaches are not detailed in the provided text but typically include fines and potential imprisonment depending on the severity of the violation. CASA has the authority to enforce compliance through various means, including audits, inspections, and legal action where necessary. The safety regulations are stringent, reflecting the critical importance of maintaining airworthiness standards to protect public safety.