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 550/5 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, addressing the need for safety and regulation in air navigation. This Act allows for the creation of regulations that ensure the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Complementing the Civil Aviation Act, the Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining aircraft airworthiness, including the process for issuing and managing airworthiness directives. The problem these legislative instruments address is the need to ensure that all aircraft registered in Australia meet the necessary safety standards and comply with continuing airworthiness requirements, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in Australian civil aviation by enabling CASA to issue and enforce airworthiness directives that reflect international best practices and standards.
Scope and Application
The Civil Aviation Act 1988, and specifically the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as mandated under section 98 of the Act. ADs are legislative instruments, as outlined in section 39.001(5) of the Regulations and section 6 of the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring that an aircraft type remains airworthy and must provide necessary information to States of Registry. The State of Registry, in turn, must implement measures to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. In Australia, CASA assumes this role, reviewing and issuing ADs to enforce the airworthiness requirements of aircraft types registered in Australia, including the cancellation of ADs when conditions warrant it, such as the case with AD/CESSNA 550/5 for Cessna 550 (Citation II) series aeroplanes, which was cancelled on 19 November 2009. The issuance of ADs, including their cancellation, is conducted by CASA under the authority conferred by section 84A(2) of the Civil Aviation Act 1988.
Key Provisions
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 are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are critical for ensuring the ongoing airworthiness of aircraft, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, who then must adopt requirements to ensure the aircraft's continuing airworthiness. In Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and, if necessary, issues Australian ADs to enforce these requirements.
Compliance with ADs is mandatory for the entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The State of Registry, in this case CASA, must rigorously evaluate ADs issued by the State of Design and determine whether an Australian AD is needed to mandate specific airworthiness requirements. This ensures that all aircraft registered in Australia meet the necessary safety standards. Owners, operators, and maintenance providers must adhere to these ADs, ensuring that any required inspections, repairs, or modifications are completed in a timely manner. Failure to comply with an AD can result in the aircraft being considered unairworthy, which could lead to severe legal consequences.
Violating the provisions of an AD can result in significant civil and criminal penalties. Under section 39.001(5) of the Civil Aviation Safety Regulations 1998, non-compliance with an AD can lead to substantial fines and, in severe cases, imprisonment. The maximum penalties can vary depending on the severity of the breach and the impact on aviation safety. For instance, operating an aircraft that does not comply with an AD could result in fines of up to $275,000 and imprisonment for up to two years, as outlined in the Civil Aviation Act 1988. These stringent penalties underscore the importance of adhering to ADs to maintain the highest standards of air safety.