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 200/12, Amendment 2, affecting Beech 200 model aircraft in 1978. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 10 April 2008. 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the legislative framework for the regulation of civil aviation in Australia, with a primary focus on safety. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under this authority, the Civil Aviation Safety Regulations 1998 were established, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, ensuring that these vehicles meet necessary safety standards. The ADs are a critical tool in maintaining the continuing airworthiness of aircraft, as stipulated by international standards under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation (Airworthiness Directives) Instrument 2008 (F2008L00763) serves to cancel an existing AD for the Beech 200 model aircraft, reflecting the resolution of a previously identified unsafe condition. This cancellation, which eliminates the need for a Regulatory Impact Statement, was determined not to require public consultation due to its nature of reducing regulatory burden. The Instrument was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative provisions of the Act.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are issued to mandate safety measures and ensure the continuing airworthiness of aircraft registered in Australia. The application of ADs is integral to Australia's compliance with Annex 8 of the Convention on International Civil Aviation, where the State of Design and the State of Registry both play roles in maintaining aircraft safety. The recent cancellation of AD/BEECH 200/12, Amendment 2, demonstrates CASA's ongoing commitment to reviewing and updating safety regulations as necessary, reflecting changes in the operational environment and safety assessments. This action, which does not require public consultation due to its minimal impact on regulatory burden, underscores CASA's role in efficiently managing airworthiness directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set out the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act grants the Governor-General the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and subject to the Legislative Instruments Act 2003.
The obligations under this legislation primarily fall on CASA as the national airworthiness authority. CASA must ensure the continuing airworthiness of aircraft by assessing information provided by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements of the State of Design. This is in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 also provide for the consequences of non-compliance with ADs. While specific offences and penalties are not detailed within this particular excerpt, the issuance and enforcement of ADs are integral to maintaining safety standards. Non-compliance with an AD could potentially lead to severe civil or criminal penalties, depending on the nature and severity of the violation. The overarching aim of these regulations is to ensure that all aircraft operating within Australian airspace meet the required safety standards.
In this particular case, CASA issued AD/BEECH 200/12, Amendment 2, for Beech 200 model aircraft in 1978. Following a review, CASA decided to cancel this AD, effective from 10 April 2008, as the original unsafe condition no longer exists. This cancellation reduces the regulatory burden, and as such, no consultation with the Australian public was necessary. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.