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 500/17 affecting Cessna Citation 1 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/17. 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with the primary aim of ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring that these vehicles remain safe for operation. The ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation, particularly under Annex 8. The Civil Aviation Act 1988 empowers CASA to issue these directives, thereby fulfilling Australia's international obligations and ensuring the safety of civil aviation within the country.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft and aeronautical products, and the issuance of ADs is a critical mechanism by which CASA, as Australia’s national airworthiness authority, mandates safety requirements. This regulatory process is in line with international standards set by the International Civil Aviation Organization (ICAO), where the State of Design holds responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure that these standards are met within their jurisdiction. In this context, CASA is required to assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to address any safety concerns. The AD/CESSNA 500/17, which affected Cessna Citation 1 model aeroplanes, was cancelled by CASA as the unsafe condition it addressed no longer existed, reflecting the authority's commitment to international safety standards and obligations under the Convention on International Civil Aviation. The process of issuing and cancelling such directives is governed by specific sections of the Act and involves internal CASA procedures, ensuring that these legislative instruments are both effective and responsive to safety needs.
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) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, and these regulations include provisions for the issuance of ADs. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are primarily on CASA and the State of Registry of an aircraft. CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design and issue Australian ADs if necessary to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry is responsible for developing or adopting requirements to ensure the airworthiness of aircraft, and must act on ADs issued by the State of Design. Annex 8 to the Convention on International Civil Aviation assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, requiring it to provide necessary information to appropriate States of Registry.
Breaching the obligations under these provisions can result in serious consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline offences or penalties for non-compliance with ADs, but failure to adhere to ADs can result in significant safety risks, including potential aircraft accidents. CASA can take enforcement actions against non-compliant operators, which may include grounding aircraft until compliance is achieved. Furthermore, under the Civil Aviation Act 1988, CASA has the authority to impose administrative penalties for non-compliance with safety regulations, which can include substantial fines. The severity of these penalties reflects the critical importance of air safety and the need to enforce compliance with airworthiness directives.