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 400/31 Amendment 1 affecting Cessna 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, 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 Parliament of Australia, was designed to provide for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. The objective of these regulations is to maintain the highest standards of safety in the aviation industry, aligning with Australia's international obligations under the Convention on International Civil Aviation. The process of issuing and cancelling ADs, as exemplified by the recent cancellation of AD/CESSNA 400/31 Amendment 1, underscores the commitment to adhering to international standards and ensuring the continuing airworthiness of aircraft in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, as legislative instruments, are integral in maintaining the continuing airworthiness of aircraft and are required by Australia’s obligations under the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of aircraft, while the State of Design provides necessary information to support this. This particular AD, issued for Cessna 414 and 421 model aircraft, has been cancelled as a result of Australia’s obligations under the Convention and will become effective on 28 August 2008. No replacement AD is required, and given the nature of the cancellation, there was no need for consultation with the public or a Regulatory Impact Statement. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, allows the Governor-General to enact regulations that ensure the safety of air navigation (section 98). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stated in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. ADs are a standard method for maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the primary responsibility for the ongoing airworthiness of an aircraft type. Meanwhile, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, in accordance with the same Annex 8.
The obligations imposed by these regulations include CASA's responsibility to issue ADs that address safety concerns for specific aircraft types or aeronautical products. This process must align with international standards and Australia's obligations under the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. These obligations necessitate that both CASA and the State of Registry maintain comprehensive and up-to-date information to ensure compliance with airworthiness standards.
In relation to specific aircraft, such as the Cessna 414 and 421 models, CASA issued an AD/CESSNA 400/31 Amendment 1. However, following a review and due to Australia’s international obligations, CASA has cancelled this AD, effective from 28 August 2008. This cancellation does not require a replacement AD. Given the nature of ADs and their international context, the cancellation did not necessitate public consultation, and the Office of Best Practice Regulation determined that it does not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The consequences of breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can be significant. Failure to comply with ADs may result in civil or criminal penalties. Under the Act, CASA has the authority to enforce compliance and can take action against entities or individuals who do not adhere to airworthiness directives. The specific penalties for non-compliance can include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The exact penalties are not specified in the provided text but typically align with the gravity of the violation and the jurisdictional framework governing aviation safety.