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 550/4, Amendment 1, affecting Cessna 550 (Citation II) series aeroplanes in 1984. 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 to address the need for stringent regulation of civil aviation in Australia, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. One of the significant provisions of this Act is the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, designed to mandate safety requirements for specific types of aircraft or aeronautical products, and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective is to maintain and enhance the safety standards in civil aviation by ensuring that aircraft and aeronautical products meet necessary safety criteria. The AD cancellation in question, pertaining to the Cessna 550 series aeroplanes, was executed by CASA with no public consultation, as it results in a reduction of regulatory burden and does not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. The ADs serve to ensure the continuing airworthiness of aircraft, in line with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft has the primary responsibility for issuing ADs, while the State of Registry, in this case CASA, is tasked with assessing and implementing these directives within Australia. The AD/CESSNA 550/4, Amendment 1, which affected Cessna 550 series aeroplanes, has been cancelled by CASA as the unsafe condition it was intended to address no longer exists, with the cancellation taking effect from 19 November 2009. No public consultation was required for this cancellation as it reduces regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to create regulations aimed at enhancing air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, in accordance with section 6 of the Legislative Instruments Act 2003, it is recognised as a legislative instrument.
The obligations under these regulations are primarily centred around the maintenance of airworthiness for aircraft. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, bears the responsibility for the ongoing airworthiness of an aircraft type, requiring it to provide necessary information to States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
Breaching the provisions of these regulations can lead to significant consequences. Failure to comply with airworthiness directives can result in severe safety risks, potentially leading to civil liability for damages caused by non-compliance. Additionally, CASA has the authority to impose fines or other penalties for non-compliance with airworthiness regulations. The exact penalties are not specified in the provided text but are typically detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, and can vary depending on the severity and nature of the breach.