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.
The Civil Aviation Safety Authority or its predecessors issued AD/CESSNA 500/20 Amendment 2 affecting Cessna 500 and 501 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/20 Amendment 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, enacted by the Commonwealth Parliament, was established to regulate the safety of air navigation and to ensure that civil aviation activities are conducted in a manner that promotes safety and security. This Act empowers the Governor-General to create regulations for the safety of air navigation, and it provides the framework within which the Civil Aviation Safety Regulations 1998 operate. These regulations, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments used to ensure that aircraft and aeronautical products meet safety standards. The policy objective underpinning this legislation is to uphold the highest safety standards in Australian civil aviation, aligning with international obligations under the Convention on International Civil Aviation. In this context, CASA issued and subsequently cancelled an airworthiness directive concerning Cessna 500 and 501 model aeroplanes, reflecting Australia's commitment to international standards and the continuous improvement of aircraft safety.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation safety in Australia, with the Civil Aviation Safety Authority (CASA) being the regulatory body responsible for ensuring compliance with these laws. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (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 oversight by the Legislative Instruments Act 2003. The scope of these regulations extends to all aircraft registered in Australia, irrespective of the aircraft's country of manufacture, thereby ensuring a consistent safety standard across the national airspace. Although ADs are generally issued without public consultation due to their technical nature and the obligation of Australia under the Convention on International Civil Aviation, they are crucial in maintaining the continuing airworthiness of aircraft. The recent cancellation of AD/CESSNA 500/20 Amendment 2, which affected Cessna 500 and 501 model aeroplanes, exemplifies the dynamic nature of aviation safety regulation, responding to international standards and safety assessments conducted by CASA.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, allows for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 and regulation 39.001 respectively. These directives are legislative instruments and are necessary to maintain the continuing airworthiness of aircraft and aeronautical products, ensuring the safety of air navigation. The ADs serve as critical mechanisms for disseminating necessary information to States of Registry, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions require CASA to issue ADs when necessary, ensuring that aircraft and aeronautical products meet the required safety standards. Additionally, the State of Registry, which is the country where the aircraft is registered, has the responsibility to ensure the continuing airworthiness of each individual aircraft. This includes implementing or adopting specific requirements to maintain safety standards as stipulated in Annex 8. The State of Design, on the other hand, must provide all necessary information to support the airworthiness of the aircraft type.
The regulations also outline consequences for non-compliance with airworthiness directives. Although the specific offences, penalties, or consequences for breaching ADs are not detailed in the provided text, it is implied that failure to comply with these directives could result in serious safety risks, potentially leading to legal or regulatory action. The severity of penalties for such breaches would depend on the nature and impact of the non-compliance, reflecting the critical importance of adhering to these safety standards.