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 400/74 affecting Cessna 402C 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, 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 was enacted to provide for the regulation of civil aviation in Australia and to ensure the safety of air navigation. It empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 were made under this Act, enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument that mandates the continuing airworthiness of aircraft, with CASA playing a crucial role in issuing such directives when required by Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The objective is to maintain the safety standards of aircraft registered in Australia, ensuring they meet the continuing airworthiness requirements set forth by both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) can be issued in Australia. These directives apply to specific types of aircraft or aeronautical products and are intended to ensure the ongoing safety and airworthiness of these items. The authority to issue such directives lies with the Civil Aviation Safety Authority (CASA), which acts in accordance with section 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards set by the International Civil Aviation Organization (ICAO) as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure the ongoing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the required safety measures.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance and management of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design and the State of Registry in maintaining the airworthiness of aircraft. The State of Design must provide necessary information to ensure continuing airworthiness, which is typically communicated via ADs, while the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft.
The obligations imposed on parties and entities governed by the Act and the Regulations include ensuring the ongoing airworthiness of aircraft and aeronautical products. CASA, as the national airworthiness authority, must evaluate information provided by the State of Design and determine whether an AD is necessary for aircraft registered in Australia. This process ensures that Australian-registered aircraft comply with international safety standards and practices. The State of Registry has the responsibility to implement the ADs issued by CASA to maintain the airworthiness of the aircraft within its jurisdiction. Additionally, the State of Design must provide timely and accurate information to support the safety and airworthiness of the aircraft types it designs.
Failure to comply with the requirements set forth in the ADs may result in various consequences. The Act and Regulations do not explicitly state the penalties for non-compliance with ADs, but non-compliance could lead to civil or criminal liability under other provisions of the Act. Civil penalties may include fines, while criminal penalties could involve imprisonment, depending on the severity and impact of the non-compliance. Additionally, non-compliance with ADs could result in the grounding of aircraft, affecting air safety and potentially leading to further legal and financial repercussions for the parties involved. It is essential for all stakeholders to adhere to the ADs to maintain the safety and airworthiness of aircraft as mandated by the Act and Regulations.