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 1900/5 affecting Beechcraft 1900 series aeroplanes in 1991. 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, enacted by the Commonwealth Parliament, addresses the need for stringent regulations to ensure the safety of air navigation. This Act grants the Governor-General the authority to create regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives serve as crucial instruments for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is mandated to ensure the ongoing airworthiness of aircraft by adopting or developing requisite safety measures. The AD/BEECH 1900/5 cancellation is a specific instance where CASA, having reviewed the original directive, decided to cancel it due to the resolution of the initial safety concern, effectively reducing the regulatory burden without necessitating public consultation or a Regulatory Impact Statement. This legislative process underscores CASA's commitment to ensuring aviation safety while balancing regulatory efficiency.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, 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. These ADs, which are legislative instruments, mandate specific requirements to maintain the airworthiness of aircraft registered in Australia. The State of Design, typically the country where the aircraft is manufactured, has the responsibility to provide necessary information to ensure continuing airworthiness, which CASA must then assess and, if appropriate, implement through an Australian AD. The AD/BEECH 1900/5 issued in 1991 for Beechcraft 1900 series aeroplanes, which has now been cancelled by CASA due to the resolution of the original unsafe condition, exemplifies this regulatory process. The cancellation of this AD reflects a reduction in regulatory burden, and as such, it was not subject to public consultation or a Regulatory Impact Statement. This AD was made by a CASA Manager in accordance with the Act's provisions, illustrating the jurisdictional reach and operational scope of the Civil Aviation Act 1988 and its subordinate regulations.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the 1998 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) of the 1998 Regulations, and they fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to assess information provided by the State of Design and, if necessary, issue corresponding ADs to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation, and must provide any necessary information to the State of Registry. In turn, the State of Registry, in this case CASA, must ensure that the aircraft meets the requisite safety standards and operational requirements.
Failure to comply with the requirements set out in an AD may result in civil or criminal consequences, depending on the severity of the breach. While the specific penalties are not detailed in the text, it is understood that CASA can take action against operators who do not adhere to ADs, potentially leading to fines, enforcement actions, or other regulatory sanctions. The importance of these directives lies in their role in maintaining the safety standards of aircraft operating within Australia’s airspace, thus safeguarding the public and aviation personnel.
The text also mentions that the cancellation of AD/BEECH 1900/5, issued in 1991, is set to become effective on 22 October 2009, with no replacement AD required as the original unsafe condition no longer exists. This cancellation results from CASA’s review and determination that the regulatory burden can be reduced without compromising safety. Furthermore, no consultation with the Australian public was deemed necessary, as the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division of CASA, in accordance with subsection 84A(2) of the Act.