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 400/87 affecting Cessna 402, 414, 421 and 425 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 Group, 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 safety of air navigation and related matters in Australia. This legislation serves to establish the framework within which the Civil Aviation Safety Authority (CASA) operates, ensuring that air navigation is conducted in a manner that prioritises safety. In this context, the Civil Aviation Safety Regulations 1998 were introduced to further detail the requirements and procedures necessary to maintain safety standards. Section 39.001 of these regulations empowers CASA to issue airworthiness directives (ADs), which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft types and aeronautical products. The Civil Aviation Act 1988 thus addresses the need for a robust regulatory framework to govern civil aviation safety, aligning with international standards and obligations under the Convention on International Civil Aviation. The enactment of this Act and its associated regulations by the Commonwealth Parliament reflects the policy objective of ensuring the highest standards of safety in air navigation.
Scope and Application
The Civil Aviation Act 1988 applies to various entities involved in the aviation industry, including aircraft manufacturers, operators, and maintenance providers, ensuring adherence to safety regulations. The Civil Aviation Safety Regulations 1998 specifically address the issuance of airworthiness directives, which are legislative instruments created to mandate safety requirements for aircraft and aeronautical products. These regulations apply to the State of Registry of an aircraft within Australia and are overseen by the Civil Aviation Safety Authority (CASA). The authority to issue such directives is derived from Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must issue corresponding Australian airworthiness directives when required by the State of Design. In the case of AD/CESSNA 400/87, which affected certain Cessna models, CASA has cancelled this directive as the unsafe condition no longer exists, effective from 25 September 2008. This action aligns with Australia’s obligations under international aviation conventions and does not necessitate public consultation or a Regulatory Impact Statement. The directive was made by the Manager, Airframes in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions concerning the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, thereby mandating certain safety measures. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on CASA and other entities include ensuring the continuing airworthiness of aircraft and aeronautical products. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (the country where the aircraft type is designed) is responsible for the continuing airworthiness of the aircraft type, and must provide necessary information to States of Registry (countries where the aircraft is registered). The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with ADs can result in severe consequences. The Civil Aviation Act 1988 and associated regulations establish penalties and consequences for non-compliance with ADs. Offences may include operating an aircraft that does not comply with an AD, which can result in significant civil or criminal penalties. While the specific penalties are not detailed in the provided text, they generally include fines and potential imprisonment for serious violations, reflecting the high priority placed on aviation safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and enforcement of ADs, ensuring that aircraft and aeronautical products meet safety standards. CASA, as Australia's national airworthiness authority, has the responsibility to assess and implement these directives. Compliance with ADs is mandatory, and failure to adhere to these regulations can lead to severe civil and criminal penalties.