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 400/60 Amendment 1 affecting Cessna 402, 414, 421 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 ensure the safety of air navigation and to regulate civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs serve as critical tools for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument that is subject to disallowance under the Acts Interpretation Act 1901 and is governed by the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, while the State of Registry must implement the necessary requirements for individual aircraft. In the case of Australian-registered aircraft, CASA, acting as the national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the State of Design. This regulatory framework ensures that the safety standards set forth by the Convention on International Civil Aviation are adhered to within Australia.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation under section 98 (1). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are disallowable instruments under the Acts Interpretation Act 1901 and, therefore, legislative instruments under the Legislative Instruments Act 2003. These provisions ensure that ADs are formally recognised and implemented to maintain safety standards in aviation.
The Act and the Regulations impose several obligations on the parties involved. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure continuing airworthiness to the States of Registry, in line with Annex 8 of the Convention on International Civil Aviation. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, is responsible for assessing the information provided by the State of Design and issuing Australian ADs when necessary. These obligations ensure a collaborative approach to maintaining airworthiness standards across different jurisdictions.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various offences and penalties. While specific offences and penalties are not detailed in the provided text, general provisions under the Act may include fines or imprisonment for non-compliance with airworthiness directives. The maximum penalties can vary depending on the severity of the breach and specific regulatory requirements. Compliance with ADs is critical, as failure to adhere to these directives can result in severe consequences, including the grounding of aircraft and potential criminal charges for those responsible.
The cancellation of AD/CESSNA 400/60 Amendment 1, which affected Cessna 402, 414, and 421 model aircraft, was due to Australia’s obligations under the Convention on International Civil Aviation. CASA assessed the AD and determined that the unsafe condition no longer existed, leading to the cancellation effective from 25 September 2008. As this cancellation was a result of international obligations, no public consultation or Regulatory Impact Statement was required. This process demonstrates how international agreements and domestic regulations work together to ensure aviation safety and compliance with global standards.