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 1900/11 affecting BEECH 1900 series aeroplanes in 1995. 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 by the Australian Parliament to provide a comprehensive framework for the regulation of civil aviation within Australia, addressing the need for a unified legal basis to govern air navigation safety, aircraft operations, and related activities. One of the Act's primary objectives is to ensure the safety of air navigation, which includes the ongoing airworthiness of aircraft and aeronautical products. The Act empowers the Governor-General to make regulations that facilitate these safety objectives. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, thus ensuring that safety standards are met and maintained across the industry. This legislative framework is integral to Australia’s adherence to international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which pertains to the airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and can be issued in response to airworthiness concerns identified by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. The State of Registry, which in the case of Australia is CASA, must then assess this information and, if necessary, issue an Australian AD to mandate the requirements. The AD/BEECH 1900/11, issued in 1995 and affecting BEECH 1900 series aeroplanes, has been reviewed by CASA and is set to be cancelled on 24 September 2009 as the unsafe condition it was addressing no longer exists. This cancellation, which does not require a replacement AD, was made in accordance with the Act by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of CASA, and it reduces the regulatory burden without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of this legislation are section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 allows the Governor-General to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. Regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are a legislative instrument as outlined in the Legislative Instruments Act 2003. The issuance of ADs is in accordance with Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry.
Under these provisions, CASA, as the national airworthiness authority, has the obligation to assess airworthiness information provided by the State of Design and, if necessary, issue Australian ADs to ensure the safety and airworthiness of aircraft registered in Australia. The AD/BEECH 1900/11 issued in 1995 for BEECH 1900 series aeroplanes was assessed and subsequently cancelled by CASA as of 24 September 2009, due to the resolution of the unsafe condition that initially prompted its issuance. This cancellation was made by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of CASA's Standards Development and Future Technology Division, following the appropriate procedures outlined in the Act.
The Act and accompanying regulations impose specific obligations on CASA and the State of Registry. CASA must ensure that ADs issued by other States of Design are assessed and, if appropriate, adopted as Australian ADs to maintain the airworthiness of aircraft registered in Australia. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes implementing ADs issued by CASA. These obligations are critical to maintaining safety standards in air navigation and ensuring that aircraft meet the necessary safety requirements.
Failure to comply with the requirements of ADs or other airworthiness regulations can result in significant civil and criminal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various offences related to airworthiness, such as operating an aircraft that does not comply with an AD. The maximum penalties for such offences can include substantial fines and imprisonment, depending on the severity of the violation and any aggravating circumstances. These legal consequences underscore the importance of adhering to airworthiness directives and regulatory requirements to ensure the safety of air navigation.