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 550/13 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, enacted by the Australian Parliament, serves to regulate civil aviation within the country and to ensure the safety of air navigation. One of the key mechanisms through which this is achieved is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, managed by the Civil Aviation Safety Authority (CASA). These directives are instrumental in maintaining the continuing airworthiness of aircraft, as mandated by the State of Registry. The Civil Aviation Act 1988 allows the Governor-General to create regulations in the interest of air navigation safety, and CASA’s role is crucial in implementing these regulations by issuing ADs when necessary. In the specific instance of the Cessna 550 series aeroplanes, CASA issued an AD in 1986, which has now been reviewed and cancelled, effective from 19 November 2009, due to the resolution of the initial unsafe condition that necessitated the directive.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. An AD is a disallowable instrument, classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then assess the ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the necessary safety measures. The AD/CESSNA 550/13, affecting Cessna 550 (Citation II) series aeroplanes, originally issued in 1986, has been reviewed and cancelled by CASA, effective 19 November 2009, due to the resolution of the original unsafe condition, without the need for a replacement AD. This cancellation, which reduces the regulatory burden, did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that CASA, as Australia’s national airworthiness authority, assesses any airworthiness information provided by the State of Design. The State of Design, which is the country where the aircraft was designed, has the responsibility to provide any necessary information to ensure the continuing airworthiness of the aircraft type. Similarly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by a State of Design against a type of aircraft on the Australian Register, CASA must review this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can lead to serious legal consequences. Section 84A(2) of the Civil Aviation Act 1988 empowers CASA to enforce compliance with ADs, and non-compliance can result in substantial penalties. The Civil Aviation Safety Regulations 1998 also outline the enforcement mechanisms and penalties for breaches, although specific penalties are not detailed in this context. CASA has the authority to take enforcement actions, including fines and potential prosecution, against operators who fail to comply with ADs. Additionally, individuals or corporations found guilty of non-compliance may face both civil and criminal liabilities, which can include substantial fines and imprisonment.
In this specific case, CASA issued AD/CESSNA 550/13 in 1986, affecting Cessna 550 (Citation II) series aeroplanes. After reviewing the directive, CASA has decided to cancel it, effective from 19 November 2009. This cancellation was due to the resolution of the original unsafe condition, and no replacement AD is required. As the cancellation results in a reduction of the regulatory burden, no consultation with the Australian public was necessary. 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.