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 400/35 affecting Cessna 401 and 402 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 to ensure the safety and efficiency of air navigation within Australia, empowers the Governor-General to create regulations in the interest of air safety. The Civil Aviation Safety Regulations 1998, under section 39.001, further delegate the responsibility to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In alignment with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for an aircraft type's ongoing airworthiness, while the State of Registry must ensure the individual aircraft's continuing airworthiness. Following this international framework, CASA has issued, reviewed, and subsequently cancelled AD/CESSNA 400/35 for Cessna 401 and 402 aircraft models, effective from 28 August 2008, without the need for a replacement directive. This cancellation aligns with Australia's commitments under the Convention, and no public consultation or Regulatory Impact Statement was required.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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. These ADs are legislative instruments, which are subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Registry as per Annex 8 of the Convention on International Civil Aviation. In Australia, CASA has the authority to issue these directives to ensure compliance with international standards and obligations, including the cancellation of previously issued ADs, such as the AD/CESSNA 400/35 affecting Cessna 401 and 402 model aircraft, which was cancelled due to Australia's international obligations. This process does not necessitate consultation with the Australian public or a Regulatory Impact Statement, reflecting its technical and international compliance nature. The ADs are issued by CASA under the supervision of the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that are in the interest of air navigation safety. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for 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 are thus classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Obligations imposed by the Civil Aviation Act 1988 and the associated regulations are multifold. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the State of Registry. The State of Registry, typically the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, operating under these international obligations, has issued, reviewed, and subsequently cancelled AD/CESSNA 400/35 affecting Cessna 401 and 402 model aircraft, reflecting its role in implementing these obligations.
The Civil Aviation Safety Regulations 1998 also stipulate the consequences of non-compliance. While the specific offences and penalties for breaching ADs are not detailed in this particular legislative instrument, generally, breaches of airworthiness regulations can lead to significant legal and financial repercussions. Civil penalties may include fines, and in more severe cases, criminal charges could result, leading to imprisonment. These consequences underscore the importance of adhering to ADs and the broader regulatory framework designed to ensure aviation safety.
Given the international context under the Convention on International Civil Aviation, the cancellation of AD/CESSNA 400/35 was made without public consultation because it aligns with Australia's international obligations. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process of issuing and cancelling such directives. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, as per subsection 84A(2) of the Act, ensuring that the process adheres to the necessary regulatory protocols.