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 560/7 in 2006 in respect of CESSNA 560 (Citation V) series aeroplanes. CASA has reviewed this AD and decided to amend it to include reference to the latest applicable State of design Airworthiness Directive. The amended AD, AD/CESSNA 560/7 Amdt 1, will become effective on 28 January 2010. This AD cancels and replaces the previous issue.
As this amendment represents an improvement to the presentation of this Directive and no technical changes have been made, present operators are not affected by the content. There are four examples of this aeroplane on the Australian register. CASA has not consulted with the Australian industry and public as there are no safety issues raised by this amendment.
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, Continuing Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with Section 94(1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, aiming to ensure safety, efficiency, and the orderly development of civil aviation. The Act grants the Civil Aviation Safety Authority (CASA) the power to issue regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, provide for the issuance of airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types registered in Australia. These ADs are legislative instruments that are subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. CASA’s role as Australia's national airworthiness authority involves assessing information from the State of Design and, where necessary, issuing ADs to mandate the requirements of the State of Design for aircraft on the Australian Register. The policy objective of these regulations is to maintain the highest standards of air safety and to comply with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, outline the processes and responsibilities for maintaining the airworthiness of aircraft operating within Australia. Specifically, Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Acts Interpretation Act 1901. The ADs aim to ensure compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry must ensure the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, issues these directives to align with the requirements set by the State of Design, ensuring that all aircraft registered in Australia meet safety standards. The amendment to AD/CESSNA 560/7, which pertains to CESSNA 560 (Citation V) series aeroplanes, exemplifies this process by updating the directive to incorporate the latest requirements from the State of Design, without introducing new safety concerns or technical changes, thereby maintaining operational safety and regulatory compliance for the small number of these aircraft registered in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These directives are intended to ensure the continuing airworthiness of aircraft, which is a critical aspect of maintaining safety in air navigation. Subregulation 39.001(5) specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on CASA include the responsibility to assess and, if necessary, issue ADs that align with the continuing airworthiness requirements outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, CASA must review information provided by the State of Design and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design for aircraft on the Australian Register. This process ensures that Australian aircraft meet international standards for airworthiness. CASA has a further obligation to ensure that any amendments to ADs, such as the amendment to AD/CESSNA 560/7 to AD/CESSNA 560/7 Amdt 1, are communicated effectively and implemented without undue delay.
Failure to comply with the ADs can result in serious safety implications, although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. The overarching legal framework, however, implies that non-compliance with CASA-issued ADs could lead to significant regulatory and potentially criminal consequences. CASA’s authority to issue and enforce these directives underscores the importance of adhering to airworthiness standards to protect public safety.