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 has raised AD/BEECH 200/21 Amendment 12 to correct an unsafe situation on Beech 200 aircraft. This AD mandates structural fatigue lives, published by the manufacturer, but which would not otherwise be mandatory. The State of Design for this type, the USA, has other rules which mandate these lives in the USA. This approach is currently not available in Australia. As there are many examples of the Beech 200 on the Australian register, CASA developed an AD to correct the problem on Australian aircraft. This amendment updates the AD to reflect the latest changes to the manufacturer’s document set for the type.
CASA has not consulted with the Australian industry and public, because the amendment does not alter the technical requirements of the AD, but simply clarifies which documents apply.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. One such regulation, detailed in 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. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The policy objective behind these directives is to maintain the continuing airworthiness of aircraft as mandated by international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, plays a crucial role in assessing and implementing these directives to ensure that aircraft registered in Australia meet safety standards equivalent to those in other contracting states.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered within the country. The Act applies to all aircraft registered in Australia, and the ADs are legislative instruments created under the authority of the Governor-General and the Civil Aviation Safety Authority (CASA). These directives are issued to address unsafe conditions or situations on specific aircraft types, and they are mandatory for compliance. The application of ADs is geographically confined to Australia, but they are aligned with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case, the United States, has the primary responsibility for ensuring the airworthiness of the aircraft type, and CASA, as Australia's national airworthiness authority, is required to issue corresponding ADs for aircraft registered in Australia. The issuance of these directives does not require consultation with the industry or the public if the technical requirements remain unchanged, as in the case of AD/BEECH 200/21 Amendment 12, which simply updates the references to the manufacturer’s documents without altering the safety mandates. The ADs extend their reach through subordinate instruments, ensuring that all applicable aircraft within Australia comply with the specified safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. These directives are legislative instruments (s 46A of the Acts Interpretation Act 1901) and play a crucial role in ensuring the continuing airworthiness of aircraft. Under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are issued by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products to address safety concerns.
These ADs impose obligations on CASA and the State of Registry to ensure the airworthiness of aircraft registered in Australia. CASA is mandated to assess and, if necessary, issue an Australian AD when a State of Design, such as the United States, issues an AD for a type of aircraft registered in Australia. The State of Registry must then develop or adopt requirements to ensure that the aircraft remain airworthy, in line with Annex 8 to the Convention on International Civil Aviation. For example, CASA issued AD/BEECH 200/21 Amendment 12 to correct an unsafe situation on Beech 200 aircraft registered in Australia. This AD mandates structural fatigue lives specified by the manufacturer, which are already required in the USA but not in Australia.
Although CASA did not consult with the Australian industry and public for this particular amendment, as it did not alter the technical requirements of the AD, it is generally expected that such consultations would occur when substantive changes are made. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, simplifying the process for issuing these crucial safety measures.
Failure to comply with an AD can result in serious consequences. Under section 84A(2) of the Act, CASA has the authority to enforce compliance and can take action against operators who do not adhere to the directives. Non-compliance may lead to civil or criminal penalties, including fines and potential imprisonment, depending on the severity of the breach and the impact on safety. This legal framework ensures that all parties involved in the operation of aircraft in Australia are held to high safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.