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 500/12 affecting Cessna 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/12. 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 was enacted to ensure the safety and efficiency of civil aviation in Australia. It provides the framework for the regulation of civil aviation and the maintenance of airworthiness standards. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are legislative instruments and serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures that these international directives are appropriately assessed and implemented in Australia.
The explanatory statement indicates that CASA has cancelled Australian AD/CESSNA 500/12 due to the resolution of the unsafe condition it was addressing. This decision aligns with Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The cancellation reflects CASA’s role in maintaining safe air navigation by ensuring that only necessary and current airworthiness directives remain in effect.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated as such under the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to ensure aircraft type airworthiness, and the State of Registry must implement measures to maintain individual aircraft airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design for aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulation underscores the importance of ADs as a tool for maintaining airworthiness. Additionally, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and further identifies them as legislative instruments in accordance with the Legislative Instruments Act 2003.
These ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, is tasked with providing necessary information to ensure airworthiness. This information is disseminated through ADs, which are issued by most ICAO Contracting States. For aircraft registered in Australia, the State of Registry—in this case, CASA—is responsible for ensuring that the aircraft meet continuing airworthiness standards. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
In the specific instance of AD/CESSNA 500/12, which affects Cessna 500 model aeroplanes, CASA has determined that the unsafe condition addressed by the AD no longer exists. Consequently, CASA has cancelled the Australian AD/CESSNA 500/12, effective 25 September 2008. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation and has been carried out without the need for public consultation or a Regulatory Impact Statement. The cancellation process was overseen by the Manager, Systems and New Technologies, within CASA’s Airworthiness Engineering Group, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil penalties, including fines. In more severe cases, persistent non-compliance could lead to criminal penalties, including imprisonment, depending on the nature and circumstances of the breach. These legal repercussions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft operating within Australia.