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 200/17, affecting Beech 200 model aircraft in 1977. 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 Commonwealth Parliament, establishes the legislative framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 allow CASA to issue these directives for specific types of aircraft or aeronautical products to ensure ongoing airworthiness. These directives, as legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901. The policy objective underpinning these regulations is to align Australian aviation safety standards with international best practices, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with assessing and, where necessary, issuing Australian airworthiness directives to enforce the requirements set by the State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are intended to ensure the safety of air navigation. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and the State of Registry as responsible for individual aircraft. CASA, as Australia’s national airworthiness authority, must assess and potentially issue Australian ADs when a State of Design issues a directive for aircraft registered in Australia. In the case of AD/BEECH 200/17, CASA cancelled the directive concerning Beech 200 model aircraft in 1977, effective from 10 April 2008, due to the original unsafe condition no longer existing, thereby reducing the regulatory burden without requiring a replacement AD or public consultation. The cancellation was authorised under subsection 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Branch, CASA.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a critical tool for maintaining the safety standards of aircraft in operation, and according to subregulation 39.001(5), they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the State of Design's responsibility to ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. States of Registry are then tasked with developing or adopting requirements to maintain the airworthiness of individual aircraft registered within their jurisdiction. When an AD is issued by a State of Design, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements on aircraft registered in Australia. This ensures that the aircraft remain airworthy and safe for operation within Australian airspace.
The failure to comply with airworthiness directives can lead to severe consequences, both civil and criminal. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 impose strict requirements on aircraft operators to adhere to ADs. Non-compliance can result in significant penalties, including fines and imprisonment. For instance, section 37 of the Civil Aviation Act 1988 outlines that an aircraft must not be flown unless it is airworthy, and failure to comply with an AD can be considered a breach of this provision. The penalties for such breaches can include substantial fines and imprisonment, reflecting the gravity of ensuring public safety in air travel. CASA has the authority to enforce these regulations, and non-compliance can lead to the grounding of aircraft, further underscoring the importance of adhering to ADs.