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 has raised AD/CESSNA 400/119 to correct an unsafe situation on Cessna 441 aircraft. Cessna promulgate a Supplemental Inspection Document (SID) recommended for all Cessna 441 aircraft with a Limit of Validity of the SID of 22,500 hours. As the SIDs are not mandatory CASA has decided to mandate the Limit of Validity of the SID by issuing AD/CESSNA 400/119. The State of Design for this type, the United States FAA, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA has developed an AD to correct the problem on Australian aircraft.
AD/CESSNA 400/119 becomes effective on 30 January 2013.
CASA has consulted with the Australian industry and public through the issuance of CASA directive instruments and Airworthiness Bulletin (AWB) 02-007 Issue 7.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the General Manager, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia. The Act was introduced to address the need for consistent and robust aviation safety standards, ensuring the protection of the public and the integrity of air travel. Enacted by the Australian Parliament, the Act serves to establish the Civil Aviation Safety Authority (CASA) as the national regulator responsible for overseeing the safety, efficiency, and environmental performance of Australia’s civil aviation industry. The Civil Aviation Safety Regulations 1998 complement the Act by providing detailed operational and safety requirements for aircraft and aviation activities within Australia. The policy objective of the Act is to enhance the safety of civil aviation, reflecting Australia's commitment to international standards and practices under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to all individuals, entities, and aircraft within the Commonwealth of Australia, ensuring that aviation safety standards are met to protect the public and the integrity of the national airspace. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address any unsafe conditions identified in types of aircraft or aeronautical products registered in Australia. These ADs are legislative instruments that mandate corrective actions to maintain airworthiness. The geographic reach of this legislation is limited to the Australian jurisdiction, although it aligns with international standards set by the International Civil Aviation Organization (ICAO). Exclusions or exemptions are not explicitly stated in the provided text, suggesting that ADs apply universally to all aircraft types and operators within the Australian register. Additionally, the ADs may be extended or restricted through subordinate instruments, aligning with the overarching aim of ensuring safety in air navigation. The compatibility of these regulations with human rights and freedoms is affirmed, as they do not interfere with any rights or freedoms outlined in the international instruments recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (section 39.001(5)). These ADs are considered legislative instruments, as stipulated by section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. This regulatory framework is essential for ensuring the continuing airworthiness of aircraft types and is aligned with the requirements outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for maintaining the airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft.
In compliance with these regulations, CASA has issued AD/CESSNA 400/119 to address an unsafe situation identified in Cessna 441 aircraft. This action was prompted by a Supplemental Inspection Document (SID) issued by Cessna, which recommended inspections for all Cessna 441 aircraft with a Limit of Validity of 22,500 hours. Since these SIDs are not mandatory, CASA has chosen to enforce this limit by issuing the AD to ensure compliance and safety standards. This decision was made in response to the United States Federal Aviation Administration (FAA) not yet taking action to address the identified unsafe condition, and given the significant number of such aircraft registered in Australia. The AD/CESSNA 400/119 will take effect from 30 January 2013.
Entities governed by these regulations, such as aircraft operators and maintenance organisations, are obligated to comply with the requirements set forth in the ADs. This includes adhering to the specified inspection intervals and any corrective actions mandated by CASA. Failure to comply with these ADs can result in serious safety risks and potential legal repercussions. CASA has ensured stakeholder engagement by consulting with the Australian industry and the public through the issuance of CASA directive instruments and Airworthiness Bulletin (AWB) 02-007 Issue 7.
Failure to comply with the requirements set out in an AD may result in enforcement actions by CASA, which can include administrative penalties, fines, or other legal consequences. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for AD non-compliance, breaches of civil aviation regulations can lead to significant penalties under the Act, including fines up to $222,200 for corporations and $44,440 for individuals, as well as potential criminal charges for serious breaches that could result in imprisonment. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, underscoring the importance of these measures in maintaining aviation safety standards.