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/BEECH 1900/1 affecting Beech 1900 series aeroplanes in 1989. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 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, Airworthiness and Engineering Branch, of the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative arrangement is designed to maintain and enhance the safety standards in the aviation industry by ensuring that aircraft remain airworthy throughout their operational life. The Act allows CASA to mandate requirements for the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO). In 2009, CASA decided to cancel an existing AD affecting Beech 1900 series aeroplanes, as the original unsafe condition no longer existed, thereby reducing the regulatory burden without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, and the Civil Aviation Safety Regulations 1998, provide a comprehensive framework for the regulation of airworthiness directives in Australia. This legislation applies to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), which is the national airworthiness authority in Australia. These directives are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, and they are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of these directives extends to the entire Australian Register of aircraft and aeronautical products, thereby affecting all aircraft and products registered within Australia. The application of these directives is international in nature, aligning with Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities for continuing airworthiness between the State of Design and the State of Registry. The Civil Aviation Act 1988, thus, ensures that Australia complies with international standards while maintaining stringent domestic safety regulations.
Key Provisions
The Civil Aviation Act 1988 provides the framework for civil aviation regulation in Australia, including the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interests of the safety of air navigation, which includes the issuance of ADs as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these aircraft. According to subregulation 39.001(5), these ADs are considered disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments under the Legislative Instruments Act 2003.
The obligations under this legislation are primarily centred on ensuring the safety and airworthiness of aircraft. The State of Design, as per Annex 8 of the Convention on International Civil Aviation, has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and issue corresponding ADs if necessary. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. Therefore, CASA must act upon ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce these requirements.
Failure to comply with the ADs can lead to significant civil or criminal consequences. Section 98 of the Civil Aviation Act 1988 allows for enforcement actions against those who do not adhere to the ADs, with potential penalties including fines and imprisonment. Although the specific penalties are not detailed in the provided text, they are generally substantial enough to ensure compliance with safety regulations. Furthermore, the safety of air navigation being a paramount concern, any breach of these regulations can result in severe repercussions, including grounding of the aircraft and legal action against the operators.
CASA has the authority to cancel ADs when the unsafe conditions they were intended to address no longer exist. In this case, CASA issued AD/BEECH 1900/1 in 1989 for Beech 1900 series aeroplanes but has decided to cancel it, effective from 24 September 2009. This cancellation was made without public consultation as it reduces the regulatory burden, and it does not necessitate a replacement AD since the unsafe condition no longer exists. The Manager, Initial Airworthiness, Airworthiness and Engineering Branch, of the Standards Development and Future Technology Division, made this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.