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 400/84 affecting Cessna 402, 404, 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is designed to regulate civil aviation in the interests of safety and efficiency. The Act provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure that aircraft remain airworthy. Section 98 of the Act empowers the Governor-General to make regulations for the Act's purposes, with regulation 39.001 specifically allowing CASA to issue ADs for kinds of aircraft or aeronautical products. As legislative instruments, ADs are subject to disallowance and are made in accordance with the Legislative Instruments Act 2003. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, ensuring that they align with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework allows CASA to mandate safety measures for aircraft registered in Australia, fulfilling the obligations of the State of Registry under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) which are critical to maintaining the safety standards of aircraft and aeronautical products in Australia. These regulations apply to the Civil Aviation Safety Authority (CASA), which is mandated to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, aligning with the responsibilities of the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, acting on behalf of Australia's obligations under the Convention, assesses information from the State of Design and, if necessary, issues Australian ADs to ensure compliance with international safety standards. In the case of AD/CESSNA 400/84, CASA determined that the unsafe condition no longer existed, leading to the cancellation of the directive without the need for public consultation or a Regulatory Impact Statement. The AD was made under the authority of the Act by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group of CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory approach ensures that ADs are issued to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by these regulations focus on ensuring the continuing airworthiness of aircraft types and individual aircraft. Under Annex 8, the State of Design, which is the country where the aircraft was designed, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this airworthiness to the States of Registry. The State of Registry, in this case, Australia, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to mandate the requirements of the State of Design.
Breach of the requirements outlined in ADs can result in various civil and criminal consequences. Although the specific penalties are not detailed in the provided text, it is known that ADs are legally binding and non-compliance can lead to significant safety risks. Non-compliance with ADs can result in penalties, including fines and potential prosecution. The severity of the penalties may depend on the nature and extent of the non-compliance, as well as the potential risk posed to aviation safety. CASA has the authority to enforce compliance and take necessary actions to ensure that aircraft remain airworthy and safe for operation.
In the specific case of AD/CESSNA 400/84 affecting Cessna 402, 404, 414, and 421 model aircraft, CASA assessed the AD and determined that it should be cancelled. This cancellation was due to the unsafe condition no longer existing, and it became effective on 25 September 2008. No replacement AD was required, as the condition that prompted the original directive had been resolved. The cancellation process adhered to Australia's obligations under the Convention on International Civil Aviation, and as such, no public consultation was necessary. Additionally, the Office of Best Practice Regulation determined that the cancellation of this AD did not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.