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 500/2 affecting all Cessna 500 series model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/2. 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 framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and the orderly development of air transport. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and section 98 in particular allows for the delegation of this authority to the Civil Aviation Safety Authority (CASA). One such regulation, introduced under the Civil Aviation Safety Regulations 1998, is the issuance of airworthiness directives (ADs) by CASA. These ADs serve as legislative instruments to mandate safety requirements for specific types of aircraft or aeronautical products, ensuring they maintain their airworthiness. The policy objective of this regulatory framework is to align with international standards, particularly those set out in Annex 8 of the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In the case of AD/CESSNA 500/2, which affected all Cessna 500 series aeroplanes, CASA assessed the directive and subsequently cancelled it, effective from 25 September 2008, as the unsafe condition it was addressing no longer existed. This action was taken in accordance with Australia's obligations under the Convention, and no public consultation was required.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to ensuring the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the airworthiness of an aircraft type. The State of Registry, which in Australia is represented by CASA, is tasked with implementing and enforcing these directives to ensure compliance. In the case of AD/CESSNA 500/2, which pertained to all Cessna 500 series aeroplanes, CASA has assessed and subsequently cancelled the directive, effective from 25 September 2008, due to the resolution of the unsafe condition. This cancellation aligns with Australia's international obligations and does not require consultation with the public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframe and Structures, in the Airworthiness Engineering Group at CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly concerning the issuance of airworthiness directives (ADs), are outlined in sections 98 and 39.001, respectively. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) classifies an AD as a disallowable instrument under the Acts Interpretation Act 1901, and hence, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These provisions ensure that CASA can effectively manage and mandate the continuing airworthiness of aircraft.
The Act and the accompanying Regulations impose specific obligations on CASA and the States of Design and Registry. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. As Australia's national airworthiness authority, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This obligation ensures that aircraft meet international safety standards and that any necessary actions are taken promptly to maintain airworthiness.
Furthermore, the Civil Aviation Safety Regulations 1998 require CASA to cancel an AD when the unsafe condition it addresses no longer exists. For instance, AD/CESSNA 500/2, which affected all Cessna 500 series model aeroplanes, was cancelled by CASA on 25 September 2008, as the unsafe condition it was meant to address had been resolved. This cancellation reflects CASA's commitment to maintaining safety standards while also ensuring that regulatory measures are proportionate and timely.
There are no public consultations required for ADs under the Convention on International Civil Aviation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. However, any breach of ADs or failure to comply with mandated requirements can result in severe consequences. Such breaches may lead to enforcement actions by CASA, which could include fines, suspension of airworthiness certificates, or even criminal charges. The specific penalties for non-compliance are not detailed in the provided text but could potentially involve significant civil or criminal penalties, depending on the severity of the breach.