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 1900/30 affecting Beechcraft 1900 series aeroplanes in 1999. 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, New Technology and Regulatory Trends, in 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 legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently developed to further specify safety standards and regulatory processes. One such process involves the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments used to ensure the continuing airworthiness of aircraft. In this context, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products to mandate safety requirements. The policy objective of these regulations is to maintain and enhance the safety of air navigation in Australia by ensuring that all aircraft meet necessary safety standards. The authority to issue these ADs is derived from Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry in ensuring the airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised to ensure the continuing safety of air navigation. Airworthiness directives serve as a crucial mechanism for maintaining airworthiness standards, particularly in response to identified unsafe conditions. The authority to issue these directives is grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must implement and enforce these standards. In Australia, CASA, as the national airworthiness authority, is tasked with issuing ADs when necessary, ensuring compliance with international standards and the specific safety requirements pertinent to aircraft registered in Australia. The issuance and cancellation of ADs, such as the AD/BEECH 1900/30 for Beechcraft 1900 series aeroplanes, are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework ensures that ADs are issued in a manner that aligns with broader regulatory objectives and public safety interests.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 then allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and hence, a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are an integral part of maintaining airworthiness standards.
The obligations under this legislation fall primarily on CASA as the national airworthiness authority. CASA must assess information from the State of Design, which has the responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide any necessary information to ensure the safety of aircraft types registered in other states, such as Australia. Consequently, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that aircraft registered in Australia meet international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also outline the consequences of non-compliance with airworthiness directives. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is clear that failure to comply with an AD could result in serious legal repercussions. Typically, non-compliance with airworthiness regulations can lead to enforcement actions, fines, or other penalties, underscoring the critical importance of adhering to these safety directives. The authority to issue and enforce ADs is a powerful tool to ensure that the aviation industry maintains high safety standards.
In 1999, CASA issued an AD/BEECH 1900/30 for Beechcraft 1900 series aeroplanes. After a review, CASA decided to cancel this AD, effective from 22 October 2009. The cancellation of this directive is due to the resolution of the unsafe condition that originally prompted its issuance, meaning no replacement AD is necessary. The decision to cancel the AD was made without public consultation as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This cancellation reflects CASA’s commitment to maintaining efficient and effective regulatory practices.