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 400/22 affecting Cessna 401, 402, 411, 414, and 421 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, Systems and New Technologies 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 Commonwealth Parliament, serves as the foundational legislation governing civil aviation safety in Australia. This Act was introduced to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australian airspace. Under section 98, the Governor-General has the authority to make regulations that align with the Act's objectives. One significant regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the safety and airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003. The Act and its associated regulations work in conjunction with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety measures are consistent with global practices.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, mandates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure the safety of air navigation and is applicable to all entities involved in the operation of aircraft within Australia, including aircraft manufacturers, operators, and maintenance providers. The scope of the ADs extends to any aircraft or aeronautical products subject to the directive, thereby affecting their design, production, maintenance, and operation. Geographically, the application of these regulations is national, covering all aircraft registered in Australia and ensuring compliance with international standards as stipulated by the Convention on International Civil Aviation. Notably, the ADs are legislative instruments, subject to disallowance and review processes as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The AD/CESSNA 400/22, affecting certain Cessna models, has been cancelled by CASA due to Australia's international obligations, and no public consultation or Regulatory Impact Statement was required as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation (section 98). In line with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regulated under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). This means that ADs have the force of law and must be adhered to by the relevant parties.
CASA, as the regulatory body, has the authority to issue ADs to ensure the continuing airworthiness of specific aircraft types. These directives are in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design, who must provide necessary information to the States of Registry. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the airworthiness of individual aircraft. CASA has previously issued AD/CESSNA 400/22 affecting Cessna 401, 402, 411, 414, and 421 model aircraft. However, this AD has now been cancelled, effective from 28 August 2008, due to Australia's obligations under the Convention on International Civil Aviation. No replacement AD is required.
Entities governed by the ADs must comply with the requirements set out in the directives. This includes aircraft operators, maintenance organisations, and other relevant parties. They are obligated to follow the ADs to ensure the airworthiness of the affected aircraft types. Failure to comply with an AD can have serious consequences, as these directives are legally binding. The ADs aim to maintain a high level of safety in the aviation industry by addressing potential safety issues and requiring specific actions to be taken by the relevant parties.
There are potential civil and criminal consequences for non-compliance with ADs. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for penalties for breaches of the regulations. The maximum penalties for contravening an AD can include fines of up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment. It is crucial for all parties involved to understand and adhere to the requirements set out in the ADs to avoid these penalties and to ensure the safety of air navigation.