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 500/9 Amendment 1 affecting Cessna 500 model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/CESSNA 500/9 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, 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. The Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation, a crucial mandate given the complexities and inherent risks associated with aviation. One such regulation is the Civil Aviation Safety Regulations 1998, which include provisions for issuing airworthiness directives (ADs) under regulation 39.001, ensuring that specific types of aircraft or aeronautical products meet necessary safety standards. These directives are integral to the ongoing airworthiness of aircraft, aligning with Australia's commitments under international conventions such as Annex 8 to the Convention on International Civil Aviation. This legislative approach underscores the importance of a coordinated regulatory framework to address safety concerns effectively, reflecting the policy objective of safeguarding public interest through stringent aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998, and in accordance with Annex 8 to the Convention on International Civil Aviation, they are instrumental in maintaining the continuing airworthiness of aircraft. ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation by the Legislative Instruments Act 2003. The authority to issue these directives extends to CASA and its predecessors, who are responsible for evaluating and implementing necessary safety measures. The State of Registry, which is the state responsible for the registration of an individual aircraft, also plays a crucial role in ensuring that the aircraft meets the continuing airworthiness requirements stipulated by international conventions. Notably, the cancellation of AD/CESSNA 500/9 Amendment 1 affecting Cessna 500 model aeroplanes, effective from 25 September 2008, was determined by CASA due to Australia's obligations under the Convention on International Civil Aviation, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs, as stipulated in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. These directives are a common form of continuing airworthiness information, typically issued by ICAO Contracting States, including Australia.
As a recent example, CASA issued AD/CESSNA 500/9 Amendment 1, affecting Cessna 500 model aeroplanes. Following an assessment, CASA has cancelled this directive, effective from 25 September 2008. This cancellation was due to the unsafe condition no longer existing, hence no replacement AD is required. The decision to cancel this AD aligns with Australia's obligations under the Convention on International Civil Aviation, which obviated the need for public consultation on the AD cancellation. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. In terms of obligations, CASA and the State of Registry must ensure that the ADs are issued and followed to maintain airworthiness standards. Failure to comply with these directives can result in serious safety risks and potential legal consequences. The regulations do not explicitly state specific offences, penalties, or consequences for breach; however, non-compliance with airworthiness directives can lead to severe civil or criminal penalties, including fines and imprisonment, as prescribed under other relevant sections of the Civil Aviation Act 1988 and associated regulations.