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 400/69 affecting Cessna 402, and 414 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 by the Parliament of Australia, was introduced to regulate civil aviation safety and operations within the country. One of its key provisions allows the Governor-General to create regulations that serve the interests of air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These directives are considered legislative instruments, and their issuance is in line with Australia's international obligations under the Convention on International Civil Aviation. The ADs are essential for ensuring the continuing airworthiness of aircraft, with the State of Design bearing the primary responsibility for providing necessary information to the States of Registry. The cancellation of specific ADs, such as the one affecting Cessna 402 and 414 models, is executed by CASA, reflecting its commitment to maintaining aviation safety standards in accordance with international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products, as per section 98 of the Civil Aviation Act 1988. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for ensuring the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to maintain airworthiness, while the State of Registry must implement requirements to uphold the airworthiness of individual aircraft within its jurisdiction. In this context, CASA has issued, reviewed, and subsequently cancelled AD/CESSNA 400/69, which pertained to Cessna 402 and 414 models, effective from 28 August 2008, in alignment with Australia’s international obligations. This cancellation process did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD cancellation was executed 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.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation (Safety) Regulations 1998, outlines the framework for ensuring the safety of air navigation, particularly focusing on the continuing airworthiness of aircraft. Section 98 of the Act empowers the Governor-General to create regulations in the interest of safety, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, given their disallowable nature as per section 46A of the Acts Interpretation Act 1901.
In compliance with Annex 8 to the Convention on International Civil Aviation, the State of Design retains the overarching responsibility for the continuing airworthiness of an aircraft type, ensuring all necessary information is provided to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This regulatory framework ensures a coordinated international approach to maintaining airworthiness standards.
The Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation necessitate that CASA issue ADs to maintain and enhance aircraft safety. For instance, CASA issued AD/CESSNA 400/69 for the Cessna 402 and 414 models, which has since been reviewed and cancelled, effective 28 August 2008. This cancellation aligns with Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement.
Breaching the provisions of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. Under the Act, non-compliance with airworthiness directives can lead to both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, as determined by the court. Criminal penalties, which may be imposed in more severe cases, can include imprisonment for up to two years, reflecting the gravity of endangering public safety through non-compliance with airworthiness regulations. The specific maximum penalties are stipulated within the Act and may be subject to judicial discretion based on the circumstances of the breach.