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 500/22 affecting Cessna 500 and 501 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/22. 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, enacted to govern and ensure the safety of air navigation in Australia, empowers the Governor-General to issue regulations that serve the interests of air safety. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments, are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. CASA has the authority to issue or cancel such directives, as seen in the case of AD/CESSNA 500/22, which affected Cessna 500 and 501 model aeroplanes. Following a safety assessment, CASA cancelled this directive on 25 September 2008, as the unsafe condition identified had been resolved, rendering a replacement AD unnecessary. This action aligns with Australia’s international obligations and was made without public consultation, as deemed unnecessary by the Office of Best Practice Regulation. The cancellation was executed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs concerning specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. ADs are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft types, a responsibility that rests with the State of Design and the State of Registry, as per Annex 8 to the Convention on International Civil Aviation. CASA has the discretion to issue and subsequently cancel ADs as needed, as demonstrated by the cancellation of AD/CESSNA 500/22 for Cessna 500 and 501 model aeroplanes, which was cancelled on 25 September 2008 due to the cessation of the unsafe condition it was intended to address. This cancellation process adheres to Australia's obligations under international civil aviation conventions, and as such, did not require public consultation or a Regulatory Impact Statement. The AD cancellation was enacted by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that play a crucial role in maintaining the safety of air navigation, in line with the overarching objectives of the Civil Aviation Act 1988 (section 98). Subregulation 39.001(5) further classifies ADs as disallowable instruments, as per section 46A of the Acts Interpretation Act 1901, and thus, they are regulated under the Legislative Instruments Act 2003. ADs are integral to ensuring the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, and must provide necessary information to States of Registry to maintain airworthiness. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft.
Under the Civil Aviation Safety Regulations 1998, CASA has issued and subsequently cancelled Australian AD/CESSNA 500/22, affecting Cessna 500 and 501 model aeroplanes. This cancellation, effective from 25 September 2008, was made due to the unsafe condition no longer existing, thus rendering a replacement AD unnecessary. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, and as such, no consultation with the Australian public or Regulatory Impact Statement was required. The AD cancellation was executed 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.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the necessity for CASA to issue ADs that ensure the safety of air navigation, as per the Civil Aviation Act 1988. States of Design must provide essential information to States of Registry to maintain the airworthiness of aircraft types. States of Registry are required to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. These obligations are vital for maintaining the high safety standards expected in international civil aviation.
Under the Civil Aviation Safety Regulations 1998, any failure to comply with an AD or to ensure the continuing airworthiness of an aircraft could result in civil or criminal consequences. Although specific penalties are not detailed in the provided text, non-compliance with ADs can lead to severe repercussions, including fines and imprisonment, as per the broader provisions of the Civil Aviation Act 1988. The seriousness of these consequences underscores the importance of adhering to ADs and maintaining aircraft airworthiness to ensure the safety of air navigation.