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 1900/3 affecting Beechcraft 1900 series aeroplanes in 1990. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 22 October 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 for the regulation of civil aviation in Australia with a focus on safety, efficiency, and economic viability. The Act grants the Governor-General the authority to make regulations under section 98, ensuring that the safety of air navigation is maintained. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate certain requirements to ensure the continuing airworthiness of aircraft and aeronautical products. The ADs serve as a crucial mechanism for implementing international standards set by the International Civil Aviation Organization (ICAO), ensuring compliance with Annex 8 of the Convention on International Civil Aviation. The AD/BEECH 1900/3 cancellation, which pertains to Beechcraft 1900 series aeroplanes, was made by CASA to reflect that the original unsafe condition no longer exists, thereby reducing regulatory burden. This action was taken without public consultation and does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended, empowers the Governor-General to enact regulations that align with the Act's objectives, particularly in ensuring the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. The State of Design, typically the country where an aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. When such a directive is issued by the State of Design for an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate the directive and issue an Australian AD if necessary to maintain safety standards. This process ensures that Australian-registered aircraft meet the continuing airworthiness requirements mandated by international conventions.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is exercised by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) and under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to review and potentially issue Australian ADs when a State of Design issues an AD for a type of aircraft registered in Australia. This is to ensure compliance with international standards set by 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. CASA, as Australia’s national airworthiness authority, must therefore assess the information provided by the State of Design and, if necessary, issue corresponding ADs to maintain the airworthiness of aircraft registered in Australia.
The obligations imposed by these regulations require CASA to continuously monitor and respond to ADs issued by other states to ensure that Australian-registered aircraft meet international safety standards. When CASA issues an AD, it must detail specific requirements that must be met by the operators of affected aircraft to maintain their airworthiness. Failure to comply with these ADs could result in significant safety risks, leading to potential enforcement actions against non-compliant aircraft operators.
In the case of AD/BEECH 1900/3, which affected Beechcraft 1900 series aeroplanes, CASA has decided to cancel the AD issued in 1990. This cancellation, effective from 22 October 2009, is due to the resolution of the original unsafe condition that prompted the directive. Since this cancellation reduces the regulatory burden without impacting safety adversely, no public consultation was deemed necessary. Furthermore, the Office of Best Practice Regulation has determined that such AD cancellations do not require a Regulatory Impact Statement. The cancellation of the AD was authorised under subsection 84A(2) of the Civil Aviation Act 1988 by the Manager, Initial Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA.