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 550/7 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 was enacted to provide a comprehensive legislative framework governing civil aviation in Australia, addressing the need for robust safety standards and regulatory oversight within the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further refine and operationalise the provisions of the Act. These regulations include the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are critical tools for ensuring the continuing airworthiness of aircraft, aligning with international standards set by ICAO. The legislative mechanism for ADs is designed to ensure that safety directives issued by the State of Design are appropriately assessed and, if necessary, mandated in Australia by CASA. The Act empowers CASA to cancel ADs when the conditions that necessitated their issuance no longer exist, as demonstrated in the case of AD/CESSNA 550/7, which was cancelled due to the resolution of the original unsafe condition. This legislative framework aims to balance safety imperatives with regulatory efficiency, thereby protecting public interest while facilitating the smooth operation of the aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products to ensure the safety of air navigation. This regulatory instrument applies to all entities and individuals involved in the operation, maintenance, and manufacture of aircraft registered within Australia. It extends to the entire nation, ensuring that the safety regulations are uniformly applied across the Commonwealth. Subregulation 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments governed by the Legislative Instruments Act 2003. These directives are critical for maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the overall airworthiness of an aircraft type. CASA, as the national airworthiness authority, plays a pivotal role in ensuring that these directives are effectively implemented within the Australian context, particularly when ADs are issued by foreign States of Design for aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations to ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as clarified by subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, which aligns with the Acts Interpretation Act 1901. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure safety. Consequently, the State of Registry must develop or adopt requirements for the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue an Australian AD to enforce the requirements.
CASA issued an AD (AD/CESSNA 550/7) in 1984 affecting the Cessna 550 (Citation II) series aeroplanes. After thorough review, CASA has decided to cancel this AD, effective from 19 November 2009. This cancellation does not require a replacement AD as the original unsafe condition no longer exists. The cancellation does not necessitate consultation with the Australian public, as it results in a reduction of the regulatory burden. Moreover, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was 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.
Breaching the requirements of an airworthiness directive can result in significant legal and financial consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to civil penalties, including fines, and criminal charges for more serious breaches. The specific penalties vary depending on the nature and severity of the breach. For instance, if an operator fails to comply with an AD, CASA can issue a notice requiring compliance and may impose fines up to $165,000 for corporations and $33,000 for individuals. More severe breaches can result in criminal charges, potentially leading to imprisonment. CASA has the authority to take enforcement actions, including grounding non-compliant aircraft and prohibiting them from operating until the required compliance is achieved.