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.
CASA issued AD/CESSNA 550/11 affecting Cessna 550 (Citation II) series aeroplanes in 1986. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to enact regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is considered a legislative instrument under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations aim to uphold international standards as outlined in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's approach to airworthiness aligns with global best practices. CASA, acting as the national airworthiness authority, must assess information provided by the State of Design and issue corresponding ADs to maintain the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, considered legislative instruments under the Legislative Instruments Act 2003, are issued in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In Australia, CASA acts as the national airworthiness authority and must issue corresponding ADs if the State of Design issues one affecting aircraft registered in Australia. The scope of these directives applies to specific types of aircraft, and their issuance is managed by the Manager Initial Airworthiness within CASA's Airworthiness and Engineering Branch, following the procedural requirements outlined in the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. The ADs are intended to ensure the continuing airworthiness of aircraft types, aligning with the requirements set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, has the duty to assess information provided by the State of Design and, if necessary, issue corresponding ADs to enforce these requirements. In this particular case, CASA issued AD/CESSNA 550/11 in 1986 for Cessna 550 (Citation II) series aeroplanes. After a review, CASA decided to cancel this directive, effective from 19 November 2009, as the original unsafe condition no longer exists. This cancellation does not require consultation with the Australian public because it reduces regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Failure to comply with ADs can lead to serious consequences. Under section 84A of the Civil Aviation Act 1988, CASA can take enforcement action against entities that do not comply with airworthiness directives, which may include fines and other penalties. The maximum penalties for non-compliance are stipulated in the relevant sections of the Act and may vary depending on the severity of the breach. Additionally, non-compliance can lead to the suspension or revocation of an aircraft's certificate of airworthiness, thereby prohibiting the aircraft from operating until the required actions are taken to meet the ADs.