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 400/62 Amendment 1 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, enacted by the Australian Parliament, provides the framework for ensuring the safety of air navigation. This legislation allows the Governor-General to create regulations to maintain air navigation safety. One significant regulation is the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These directives are instrumental in ensuring the continuing airworthiness of aircraft as mandated by international standards, specifically under Annex 8 of the Convention on International Civil Aviation. CASA has the responsibility to assess and, when necessary, issue Australian ADs to enforce the requirements set by the aircraft's State of Design. The authority to issue these directives is derived from section 98 of the Act, which permits the creation of regulations in the interest of air navigation safety. The process of issuing and cancelling ADs is aligned with Australia's obligations under international aviation agreements, ensuring compliance with global standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, 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. This regulatory framework ensures that aircraft operating within Australia meet the necessary safety standards and that any identified safety concerns are addressed promptly. These ADs are legislative instruments and play a critical role in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs are issued by the State of Design and adopted by the State of Registry, which in Australia's case is CASA. The application of these regulations extends to all aircraft registered in Australia, ensuring compliance with both national and international safety protocols. This legislative approach is underpinned by international conventions, such as the Convention on International Civil Aviation, which mandates that States of Design provide necessary information for the continuing airworthiness of aircraft types, with States of Registry responsible for implementing these requirements domestically.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act’s purposes, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901. ADs are critical for maintaining the continuing airworthiness of aircraft, a responsibility that falls on the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations are significant for both CASA and aircraft operators. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design regarding any ADs issued against aircraft types registered in Australia. If an AD mandates requirements that are appropriate for Australian conditions, CASA must issue an Australian AD to enforce these requirements. Aircraft operators and owners are obligated to comply with any ADs that pertain to their aircraft, ensuring that the necessary maintenance, repairs, or modifications are carried out in a timely manner to maintain airworthiness.
Failure to comply with an AD can result in severe consequences, including both civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD may result in a fine of up to 10,000 penalty units for an individual or 50,000 penalty units for a body corporate. Additionally, a person who contravenes an AD may be subject to criminal prosecution, potentially facing imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.