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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 400/57 Amendment 2 affecting Cessna 404 model aircraft. CASA has assessed this AD and as a result has cancelled it. The cancellation will become effective on 25 September 2008. No replacement AD is required, as the unsafe condition no longer exists.
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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. Section 98 of the Act empowers the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. In accordance with section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments. These directives, as stipulated under Annex 8 of the Convention on International Civil Aviation, are crucial for ensuring the continuing airworthiness of aircraft, a responsibility that falls on both the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design. This legislative framework aims to maintain the highest safety standards in Australian civil aviation, aligning with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. These directives are legislative instruments, applicable to specific types of aircraft or aeronautical products, and serve to mandate safety measures that ensure the continuing airworthiness of aircraft registered in Australia. The authority to issue these directives lies with the Civil Aviation Safety Authority (CASA), which acts as Australia's national airworthiness authority. The scope of these regulations extends to all aircraft types registered within Australia, ensuring compliance with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, which pertains to airworthiness of aircraft. The ADs are crucial as they are the primary means through which states communicate continuing airworthiness information. The application of these regulations is not limited by geographic or jurisdictional boundaries within Australia but adheres to the responsibilities assigned to the State of Design and State of Registry as per international aviation conventions. Exclusions or exemptions from the application of these regulations are not explicitly mentioned, but their primary function is to ensure that all applicable aircraft meet the necessary safety standards. The Act allows for the extension or restriction of its application through subordinate instruments, ensuring flexibility and responsiveness to emerging safety concerns.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the Act's purposes, particularly focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Subregulation 39.001(5) further clarifies that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and regulations include ensuring the continuing airworthiness of aircraft types and individual aircraft. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of a specific aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of registered aircraft. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
In the case of AD/CESSNA 400/57 Amendment 2, which affected Cessna 404 model aircraft, CASA assessed the directive and decided to cancel it. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation, resulting in no unsafe conditions remaining. Consequently, no replacement AD was required, and the cancellation took effect on 25 September 2008. Given that the cancellation was driven by international obligations, there was no consultation with the Australian public on this matter. Additionally, the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with the requirements of an AD can lead to various consequences. Under the Civil Aviation Act 1988, non-compliance can result in both civil and criminal penalties. For instance, individuals or entities found to be in breach of an AD could face fines, imprisonment, or both, depending on the severity of the offence. The maximum penalties for such breaches are outlined in the relevant sections of the Act, which may include substantial fines and imprisonment for serious violations. The enforcement of these provisions ensures the safety and airworthiness of aircraft operating within Australian airspace.