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.
The Civil Aviation Safety Authority or its predecessors issued AD/BEECH 200/27 affecting Beech 200 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 200/27. The cancellation will become effective on 10 April 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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 of air navigation. The 1998 Civil Aviation Safety Regulations were made under this Act to provide detailed requirements for ensuring the continuing airworthiness of aircraft. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, making them legislative instruments. The Civil Aviation Safety Regulations 1998 (AIRWORTHINESS DIRECTIVE) addresses the need for CASA to cancel certain ADs when the unsafe conditions they were addressing no longer exist. In this case, Australian AD/BEECH 200/27 affecting Beech 200 series aircraft was cancelled on 10 April 2008 as the unsafe condition no longer existed, fulfilling Australia's obligations under the Convention on International Civil Aviation. The AD cancellation was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, under the authority of the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, establishing them as legislative instruments under the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with the responsibility of ensuring that aircraft within its jurisdiction meet the necessary safety standards. The issuance, assessment, and potential cancellation of ADs, such as the recent cancellation of AD/BEECH 200/27, is conducted in accordance with these regulations and international obligations, reflecting the dynamic nature of aviation safety requirements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that an AD is a disallowable instrument and thus a legislative instrument under the Legislative Instruments Act 2003. This means ADs have legal force and must be followed by the relevant parties.
The obligations imposed by these provisions on the State of Design and the State of Registry are significant. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This aligns with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for airworthiness on the State of Design. Meanwhile, the State of Registry, in this case CASA acting on behalf of Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements.
The consequences for non-compliance with ADs are serious. Failure to adhere to an AD can result in significant safety risks, potentially leading to accidents or incidents. Although specific offences and penalties are not detailed in the text provided, non-compliance with airworthiness directives generally can lead to severe civil or criminal penalties. This includes potential fines, suspension or revocation of airworthiness certificates, and possible criminal charges if the non-compliance results in harm or endangers safety. The seriousness of these consequences underscores the importance of adhering to ADs.
CASA’s decision to cancel the AD/BEECH 200/27 for Beech 200 series aircraft reflects its commitment to safety and compliance with international obligations. The cancellation of this AD, effective from 10 April 2008, was due to the resolution of the unsafe condition identified by the original directive. This action, taken in accordance with the legal provisions of the Civil Aviation Act 1988, ensures that the aircraft continue to meet safety standards. The decision to cancel without public consultation or a Regulatory Impact Statement was based on the nature of ADs and their direct impact on safety.