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.
The Civil Aviation Safety Authority or its predecessors issued AD/BEA 121/11 affecting Beagle B121 (Pup) series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/BEA 121/11. The cancellation will become effective on 2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia, providing a legislative framework that governs all aspects of civil aviation. As part of this framework, the Civil Aviation (Safety) Regulations 1998 were established, which include provisions for the issuance of airworthiness directives (ADs) under regulation 39.001. The ADs serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft, and are in line with the international obligations under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, plays a pivotal role in assessing and implementing these directives, ensuring compliance with both national and international standards. This particular legislative instrument, F2009L02253, pertains to the cancellation of an Australian AD for Beagle B121 aeroplanes, reflecting CASA’s commitment to adhering to international safety standards and obligations.
Scope and Application
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 to ensure the safety of air navigation, in accordance with the Civil Aviation Act 1988. These ADs, which are legislative instruments as defined under the Legislative Instruments Act 2003, serve to mandate requirements for the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. This legislation applies to aircraft registered in Australia and mandates that CASA, as the national airworthiness authority, assess and, if necessary, issue Australian ADs to enforce the directives issued by the State of Design. The geographic and jurisdictional reach of these regulations is national, extending to all aircraft within Australia’s jurisdiction. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are made by authorised personnel within CASA under the authority conferred by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for air navigation safety in Australia, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Section 98 of the Act enables the Governor-General to make regulations necessary for the safety of air navigation, and the ADs are integral to this regulatory regime. An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and must be assessed by CASA if issued by the State of Design for aircraft on the Australian Register.
Under these regulations, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with ensuring the continuing airworthiness of individual aircraft by either developing or adopting requirements to meet these obligations. For example, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the requirements.
The specific AD/BEA 121/11, which pertained to Beagle B121 (Pup) series aeroplanes, has been assessed and subsequently cancelled by CASA due to the resolution of the unsafe condition that it was addressing. The cancellation of this AD, effective from 2 July 2009, does not necessitate a replacement AD as the unsafe condition no longer exists. Given that the cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, no public consultation was required. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
In terms of enforcement, breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, may result in severe consequences. Such breaches can lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the violation. The maximum penalties for non-compliance with airworthiness directives are substantial, reflecting the critical importance of adhering to these regulations to maintain aviation safety standards.