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 550/8 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 by the Australian Parliament, addresses the need for comprehensive regulations to ensure the safety of air navigation. This Act empowers the Governor-General to create regulations that promote air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process, mandating CASA to issue ADs for specific types of aircraft or aeronautical products, thus ensuring compliance with international standards and promoting uniform safety measures across the industry. The objective of these regulations is to maintain the highest safety standards in civil aviation, in line with international agreements such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation within Australia. Pursuant to section 98 of the Act, the Governor-General may enact regulations in the interests of air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these ADs extends to all aircraft registered in Australia, thereby encompassing the responsibilities of both the State of Design and the State of Registry, as outlined under Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is mandated to evaluate and, if necessary, issue Australian ADs that reflect the requirements of the State of Design to ensure the continuing airworthiness of aircraft types registered in Australia. The process of issuing, reviewing, and potentially cancelling ADs, such as the recent cancellation of AD/CESSNA 550/8 for Cessna 550 (Citation II) series aeroplanes, is overseen by the Manager Initial Airworthiness within CASA’s Airworthiness and Engineering Branch, in accordance with the provisions of the Act.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the safety and airworthiness of aircraft. Importantly, under subregulation 39.001(5), ADs are classified as disallowable instruments, which means they can be reviewed and potentially disallowed by Parliament. They are also legislative instruments under section 6 of the Legislative Instruments Act 2003. This means that ADs are formal and binding legal documents.
The Civil Aviation Safety Regulations 1998 place specific obligations on the parties involved. For instance, the State of Design, which is responsible for the overall continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of that type. This requirement aligns with Annex 8 to the Convention on International Civil Aviation. Additionally, the State of Registry, which is responsible for the airworthiness of an individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of that aircraft. In the case of Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures a coordinated approach to maintaining the airworthiness of aircraft registered in Australia.
The legislation also outlines the consequences for breaches or non-compliance with airworthiness directives. While the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that failure to comply with an AD could result in significant legal consequences. Typically, non-compliance with ADs could lead to penalties under the Civil Aviation Act 1988, which may include fines or other civil or criminal sanctions. These penalties are designed to ensure that aircraft remain safe and airworthy, thus protecting the public and maintaining the integrity of the aviation system.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing and enforcing airworthiness directives. These directives are crucial for maintaining the safety and airworthiness of aircraft. The obligations placed on the State of Design and the State of Registry ensure a collaborative approach to aviation safety. While the specific penalties for non-compliance are not detailed in the provided text, the framework suggests that there are significant consequences for failing to adhere to these directives.