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 560/9 affecting CESSNA 560 (Citation V) series aeroplanes in 2008. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 25 February 2010. No replacement AD is required, as the requirements have been superseded by modification actions contained in AD/CESSNA 560/10.
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, Continuing Airworthiness, Airworthiness and Engineering Branch, Future Technology, on behalf of CASA, in accordance with Section 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, which is essential for protecting public safety and maintaining the integrity of the national airspace. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments designed to address potential safety issues with aircraft or aeronautical products, thereby ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to maintain and enhance the safety of air navigation by mandating specific actions and compliance measures for aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. These regulations include the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The issuance of ADs is mandated to maintain the continuing airworthiness of aircraft types and aeronautical products, reflecting Australia’s commitment to international standards as outlined in Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are overseen by CASA, Australia's national airworthiness authority. The scope of these regulations encompasses all aircraft and aeronautical products within Australia, ensuring that both the State of Design and State of Registry adhere to the stipulated requirements to maintain airworthiness. While the cancellation of an AD, such as AD/CESSNA 560/9, is a direct action taken by CASA, it is noteworthy that this process does not necessitate public consultation, given the reduction of regulatory burden, and does not require a Regulatory Impact Statement. This directive applies to all entities involved in the operation and maintenance of affected aircraft types.
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, as per the requirements of the Civil Aviation Act 1988. According to regulation 39.001(5), ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation allocates the responsibility of ensuring an aircraft type's continuing airworthiness to the State of Design, which must provide necessary information to the State of Registry. In response to a State of Design's AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 require CASA to assess and issue ADs when needed to ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must review the information and determine if an Australian AD is necessary to mandate the requirements of the State of Design. The State of Registry, in this case CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft in Australia. In the context of the AD/CESSNA 560/9, CASA reviewed the AD and decided to cancel it, effective from 25 February 2010, due to the requirements being superseded by modification actions in AD/CESSNA 560/10. As the cancellation results in a reduction of the regulatory burden, no consultation with the Australian public was required, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose civil and criminal consequences for non-compliance with ADs. Failure to comply with an AD can result in penalties, such as fines and imprisonment, as outlined in the Civil Aviation Act 1988. The specific maximum penalties for non-compliance with ADs may vary depending on the nature and severity of the breach. It is essential for aircraft operators, owners, and other relevant parties to adhere to the ADs issued by CASA to ensure the safety of air navigation and maintain the airworthiness of aircraft in Australia.