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 500/16 Amendment 1 affecting Cessna 500 and 501 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/16 Amendment 1. 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, Airframe and Structures, 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 establish a regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act provides the Civil Aviation Safety Authority (CASA) with the authority to issue regulations to further these objectives, including airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, specify the conditions and procedures for issuing ADs to address safety concerns related to aircraft types or aeronautical products. These regulations are designed to align with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of States of Design and Registry for maintaining aircraft airworthiness. The enactment of these provisions ensures that CASA, as the national airworthiness authority, can effectively respond to safety issues by issuing or cancelling ADs in accordance with international obligations and domestic safety requirements.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, which apply to all aircraft registered in Australia and any aeronautical products used in these aircraft. The Act and its regulations mandate that the Civil Aviation Safety Authority (CASA) must ensure the continuing airworthiness of these aircraft by issuing ADs when necessary, in alignment with international standards set by the International Civil Aviation Organization (ICAO). These ADs are legislative instruments subject to disallowance and review, reflecting the legislative intent to maintain high safety standards in civil aviation. The application of these directives extends to ensuring that aircraft meet the necessary safety requirements as stipulated by the State of Design and the State of Registry. The Act allows CASA to cancel an AD if the unsafe condition no longer exists, as demonstrated by the cancellation of AD/CESSNA 500/16 Amendment 1 for Cessna 500 and 501 model aeroplanes, which took effect on 25 September 2008. This cancellation process does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue and cancel ADs is vested in CASA, ensuring that Australia adheres to international obligations and maintains stringent safety protocols for its civil aviation sector.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to make regulations in the interest of air navigation safety, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that holds the force of law under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are essential for ensuring the continuing airworthiness of aircraft types and are commonly used by International Civil Aviation Organization (ICAO) Contracting States, including Australia, to provide necessary information and requirements to the States of Registry.
These ADs impose specific obligations on the parties they govern. The State of Design has a primary responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types and must provide relevant information to the States of Registry. For Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the required safety measures. This ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with ADs can lead to significant legal consequences. Section 14.004 of the Civil Aviation Safety Regulations 1998 outlines that an aircraft must not be flown unless it complies with all ADs applicable to it. Violation of this requirement can result in severe penalties, including fines and imprisonment, as stipulated in the Civil Aviation Act 1988. The maximum penalties for contravening an AD can be substantial, reflecting the critical importance of adhering to airworthiness directives to ensure public safety.
In summary, the Civil Aviation Safety Regulations 1998 mandate the issuance of ADs to maintain aircraft airworthiness, with CASA playing a crucial role in enforcing these regulations. Non-compliance with ADs is a serious offence, carrying potential criminal and civil penalties, underscoring the importance of adhering to these safety measures to protect the public.