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 550/17, Amendment 1, affecting Cessna 550 (Citation II) series aeroplanes in 1991. 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 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for robust safety regulations and standards within the industry. This Act empowers the Governor-General to create regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, established under section 98 of the Act, further delineate the responsibilities and powers of the Civil Aviation Safety Authority (CASA) in regulating airworthiness and safety standards. A significant component of these regulations is the issuance of airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901. These directives serve as a means to ensure the continuing airworthiness of aircraft types, in line with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The legislative process for issuing such directives involves CASA assessing information from the State of Design and, if necessary, mandating Australian-specific requirements through the issuance of ADs.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) 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. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design and requires the State of Registry to ensure the aircraft's ongoing airworthiness. CASA, as Australia's national airworthiness authority, must evaluate the information from the State of Design and issue corresponding Australian ADs where necessary. The issuance and subsequent cancellation of ADs, such as AD/CESSNA 550/17, Amendment 1 for Cessna 550 (Citation II) series aeroplanes, are conducted by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) (section 98, regulation 39.001). An AD is a legislative instrument that mandates safety requirements for specific types of aircraft or aeronautical products, issued by the Civil Aviation Safety Authority (CASA) to ensure continuing airworthiness. This process is aligned with international standards under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry of an aircraft. In Australia, CASA, acting as the national airworthiness authority, is tasked with assessing and issuing ADs that reflect the requirements of the State of Design, thereby ensuring the safety and airworthiness of aircraft registered in Australia.
The obligations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 include a responsibility for CASA to assess the information provided by the State of Design and to issue appropriate ADs for aircraft registered in Australia. This involves a rigorous review process to determine if the identified unsafe conditions or deficiencies in aircraft warrant the issuance of an AD. Furthermore, the State of Registry is obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft and to implement the ADs issued by CASA. These obligations are critical in maintaining the safety standards of the aviation industry, ensuring that all aircraft meet the necessary safety requirements and are airworthy.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil and criminal penalties. The severity of these penalties varies depending on the nature and extent of the breach, with potential consequences including fines and imprisonment. For instance, if an aircraft operator fails to comply with an AD, this could result in significant penalties, as the ADs are legally binding and designed to ensure the safety of air navigation. Additionally, CASA has the authority to take enforcement actions against non-compliance, which could include grounding the aircraft until the required actions are completed. The specific penalties and consequences for non-compliance are detailed in the respective legislation and can be severe, reflecting the critical importance of air safety.