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 550/18 affecting Cessna 550 (Citation II) series aeroplanes in 1990. 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 establish a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of aviation safety. One significant aspect of these regulations is the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their importance in maintaining aviation safety standards. The State of Design for an aircraft type has the primary responsibility for ensuring the continuing airworthiness of the aircraft, and ADs serve as a crucial tool in communicating necessary safety measures to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, reviews and, if necessary, issues Australian ADs to enforce these safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003, are instrumental in ensuring the continuing airworthiness of aircraft. They are typically issued by the State of Design of an aircraft type and adopted by the State of Registry, such as Australia, to enforce compliance with international standards set by Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is responsible for evaluating ADs from other jurisdictions and issuing corresponding Australian ADs when necessary. For instance, CASA issued and subsequently cancelled AD/CESSNA 550/18 for Cessna 550 (Citation II) series aeroplanes in 1990, effective from 19 November 2009, after determining that the original unsafe condition no longer existed, thereby reducing the regulatory burden without the need for a public consultation or a Regulatory Impact Statement. This cancellation was made under the authority of the Civil Aviation Act 1988 by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA.
Key Provisions
The Civil Aviation Act 1988 (the Act) provides the overarching framework for civil aviation in Australia, and includes provisions for the regulation of airworthiness. Section 98 allows the Governor-General to make regulations to ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 (the Regulations) specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003.
Under the Act and Regulations, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, which involves providing necessary information to ensure its airworthiness to the State of Registry. The State of Registry, which is Australia in the case of registered aircraft, must develop or adopt requirements to ensure the airworthiness of the aircraft it registers. CASA, as the national airworthiness authority, is required to assess ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce those requirements.
A specific instance of this regulatory framework in action is CASA’s issuance and subsequent cancellation of AD/CESSNA 550/18, which affected Cessna 550 (Citation II) series aeroplanes. The AD was initially issued in 1990, but CASA has reviewed the situation and determined that the unsafe condition addressed by the AD no longer exists, leading to the decision to cancel the AD, effective from 19 November 2009. This cancellation does not necessitate a replacement AD as the original safety concern has been resolved.
In terms of obligations, CASA must ensure compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which pertains to airworthiness of aircraft. CASA's actions in issuing and cancelling ADs are intended to align with these international standards while ensuring the safety of Australian civil aviation.
Breaching the requirements of an AD can have serious consequences. Non-compliance with an AD may result in the aircraft being deemed unairworthy, which can lead to enforcement actions by CASA. These actions may include grounding the aircraft, fines, and other penalties. The maximum penalties for breaches of airworthiness regulations can vary, but they are significant, reflecting the critical importance of adhering to safety standards in aviation.