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.
CASA issued AD/CESSNA 550/2 affecting CESSNA 550 (Citation II) series aeroplanes in 1982. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 4 February 2010. No replacement AD is required, as the requirements have been superseded by legislation contained in Civil Aviation Order 100.5 subsection 9.
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, Continuing Airworthiness, Airworthiness and Engineering Branch, Future Technology, on behalf of CASA, in accordance with Section 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia and to provide a framework for the regulation of civil aviation. The Act empowers the Governor-General to make regulations, including airworthiness directives, to maintain safety standards. The Civil Aviation Safety Regulations 1998 further elaborate on the mechanisms for issuing these directives. These directives, which are legislative instruments, aim to ensure that aircraft and aeronautical products meet the necessary safety standards, in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in issuing these directives and ensuring compliance with airworthiness requirements. In the specific instance of AD/CESSNA 550/2, CASA decided to cancel the directive for Cessna 550 (Citation II) series aeroplanes, effective from 4 February 2010, as the requirements have been superseded by other legislation. This cancellation was made without public consultation as it reduces the regulatory burden, and no Regulatory Impact Statement was deemed necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which are intended to ensure the continuing airworthiness of aircraft types and aeronautical products. These regulations apply to all relevant aircraft and aeronautical products within Australia, and the authority of CASA extends to issuing ADs as legislative instruments that are subject to disallowance. The ADs serve to align with international standards set by the International Civil Aviation Organization (ICAO), ensuring consistency and safety across international borders. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry is tasked with implementing measures to maintain airworthiness. CASA, acting under these regulations, has the authority to issue, review, and cancel ADs, as exemplified by the cancellation of AD/CESSNA 550/2 affecting Cessna 550 (Citation II) series aeroplanes, which was determined to be superseded by other legislation. The AD cancellation, which reduces regulatory burden, did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations to ensure 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 certain types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This obligation aligns with the principles outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds overall responsibility for the airworthiness of an aircraft type, and the State of Registry is responsible for the individual aircraft. The ADs serve as a primary means of communicating continuing airworthiness requirements to the appropriate States of Registry.
CASA issued AD/CESSNA 550/2 for CESSNA 550 (Citation II) series aeroplanes in 1982. After a review, CASA decided to cancel this AD, effective 4 February 2010. The cancellation decision was made due to the fact that the requirements have been superseded by the legislation in Civil Aviation Order 100.5 subsection 9, thereby eliminating the need for a replacement AD. No public consultation was required for this cancellation, as it results in a reduction of the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The issuance of ADs is overseen by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, Future Technology, on behalf of CASA, in accordance with Section 94(1) of the Civil Aviation Act 1988. This structure ensures that the ADs are created and managed in a manner that maintains the high safety standards required by the regulatory framework.
Breaching the requirements of an AD can result in serious consequences. Failure to comply with an AD can lead to civil penalties, including fines, as well as potential criminal charges in cases of gross negligence or willful misconduct. The severity of the penalties can vary depending on the nature and extent of the breach, but they are designed to enforce compliance and maintain the safety standards mandated by the Civil Aviation Act 1988 and the associated regulations.