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 400/78 affecting Cessna 402, 404, 414 and 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 and efficiency of civil aviation in Australia, addressing the need for a comprehensive regulatory framework to govern the industry. Under section 98 of this Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. The ADs, which are legislative instruments, are mandated by the State of Design to ensure the continuing airworthiness of aircraft types and are issued in accordance with international standards set by the International Civil Aviation Organization. The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority, responsible for assessing and issuing ADs that align with international obligations and national safety requirements. CASA has the authority to cancel ADs when the unsafe conditions they address are no longer present, as demonstrated in the case of AD/CESSNA 400/78, which has been cancelled due to the resolution of the identified unsafe condition.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as per section 98 of the Act. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments in their own right. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to States of Registry, with the State of Registry having the ultimate responsibility for individual aircraft. Consequently, when an AD is issued by a State of Design affecting aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce the required safety measures. The AD/CESSNA 400/78, which affected Cessna 402, 404, 414, and 421 model aircraft, was issued and subsequently cancelled by CASA due to the resolution of the unsafe condition it addressed, without public consultation as required under the Convention on International Civil Aviation. The AD was made by the Manager, Airframes, 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 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Entities governed by the Act, including CASA and aircraft operators, have specific obligations under the regulations. CASA, as the national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, if appropriate, issuing Australian ADs to mandate these requirements. Aircraft operators, on the other hand, must ensure that their aircraft comply with all ADs applicable to their aircraft type, maintaining the continuing airworthiness of their aircraft as mandated by the State of Registry. These obligations reflect the shared responsibility between CASA and aircraft operators in ensuring that all aircraft meet safety standards.
Failure to comply with ADs can result in significant legal consequences. The Act and Regulations do not explicitly detail specific offences or penalties for non-compliance with ADs; however, non-compliance can result in actions such as grounding of aircraft, fines, and other enforcement actions by CASA. The severity of the penalty may depend on the nature and extent of the non-compliance, with potential consequences including civil penalties under the Civil Aviation Act 1988 and criminal penalties under other applicable laws. The exact penalties are not detailed in the provided text but are likely to be severe given the importance of airworthiness to aviation safety.