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 400/25 affecting Cessna 401 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 to ensure the safety of air navigation, empowers the Governor-General to make regulations as necessary. Within this framework, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative arrangement ensures that the authority responsible for civil aviation in Australia can effectively implement measures to maintain the safety standards of aircraft operating within the country. The process of issuing and cancelling ADs is intended to align with international obligations under the Convention on International Civil Aviation, particularly regarding the continuing airworthiness of aircraft types and the responsibilities of the States of Design and Registry.
In accordance with these international standards, CASA has issued an airworthiness directive concerning the Cessna 401 model aircraft, which has subsequently been reviewed and cancelled. This cancellation, effective from 28 August 2008, aligns with Australia's commitments under the Convention on International Civil Aviation, obviating the need for public consultation or a Regulatory Impact Statement. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the relevant provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, issued under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation in Australia. These ADs serve as legislative instruments in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aiming to uphold the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. This convention allocates the responsibility for continuing airworthiness to the State of Design and the State of Registry, which in Australia, translates to CASA's role in issuing and managing ADs to ensure compliance with national and international safety standards. The issuance and cancellation of ADs, such as AD/CESSNA 400/25 for Cessna 401 model aircraft, are thus critical in maintaining the safety and airworthiness of aircraft within Australia's jurisdiction. The cancellation of this particular AD reflects Australia’s adherence to international obligations and internal safety regulations, without necessitating public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that are essential for ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the requirement for the State of Design, under Annex 8 to the Convention on International Civil Aviation, to maintain the continuing airworthiness of an aircraft type. This entails providing necessary information to the appropriate States of Registry to ensure the continued safe operation of the aircraft. Additionally, the State of Registry is tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft. CASA, acting within its regulatory framework, has issued and subsequently cancelled AD/CESSNA 400/25, which affected Cessna 401 model aircraft. This cancellation, effective from 28 August 2008, does not necessitate a replacement AD.
Failure to comply with the requirements outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the specific provisions of the Act and Regulations do not detail the penalties for non-compliance with airworthiness directives, broader regulations within the Civil Aviation Act 1988 do provide for offences and penalties. For example, section 37 of the Act imposes penalties for non-compliance, including fines and imprisonment, with the exact penalties varying depending on the severity of the breach. Given the critical nature of airworthiness directives in maintaining aviation safety, non-compliance could lead to severe civil or criminal sanctions, underscoring the importance of adherence to these regulations.