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 550/6 Amendment 2, affecting Cessna 550 (Citation II) series aeroplanes in 1985. 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 for the regulation of civil aviation and the safety of air navigation, with a particular focus on ensuring the continuing airworthiness of aircraft. This Act empowers the Governor-General to make regulations that support the overarching aim of aviation safety. Under the Act, the Civil Aviation Safety Regulations 1998 were formulated, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve as critical mechanisms for maintaining the airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of aircraft types. CASA, acting as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements of foreign ADs, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, 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 that apply to aircraft registered in Australia, ensuring compliance with continuing airworthiness standards as per Annex 8 to the Convention on International Civil Aviation. The State of Design of an aircraft type is responsible for providing necessary information to maintain its airworthiness, and CASA, as Australia's national airworthiness authority, evaluates this information and may issue Australian ADs accordingly. The AD/CESSNA 550/6 Amendment 2, which affected Cessna 550 (Citation II) series aeroplanes, was issued by CASA in 1985 and has now been cancelled by CASA, effective from 19 November 2009. This cancellation results from the resolution of the original unsafe condition, thus no replacement AD is required. The decision to cancel the AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in line with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that support the Act and enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. Subregulation 39.001(5) further defines an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The State of Design, as per Annex 8 to the Convention on International Civil Aviation, bears the primary responsibility for the ongoing airworthiness of an aircraft type. This includes providing necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. Airworthiness directives are the most prevalent form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. Concurrently, the State of Registry is responsible for the ongoing airworthiness of an individual aircraft. In line with Annex 8, the State of Registry must establish or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA has issued AD/CESSNA 550/6 Amendment 2, which pertains to the Cessna 550 (Citation II) series aeroplanes manufactured in 1985. Following a review, CASA has decided to cancel this AD, effective from 19 November 2009. This cancellation is due to the original unsafe condition no longer existing, thereby negating the need for a replacement AD. As this cancellation results in a reduction of the regulatory burden, no consultation with the Australian public has been required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was created by the Manager of Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose various obligations on the entities it governs. For instance, CASA must assess the information provided by the State of Design and issue an AD if necessary to ensure the continuing airworthiness of aircraft registered in Australia. Additionally, the State of Registry must develop or adopt requirements to ensure the ongoing airworthiness of aircraft. These obligations are integral to maintaining the safety standards and regulatory compliance within the aviation industry. Non-compliance with these requirements can result in significant civil and criminal consequences, including potential penalties for failure to adhere to airworthiness directives or other regulatory mandates.