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 200/28, affecting Beech 200 model aircraft in 1979. 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, which are essential for maintaining the safety standards required in the industry. One such regulation, the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure their continued airworthiness. This regulatory approach aligns with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry.
In line with these provisions, CASA issued AD/BEECH 200/28 in 1979 concerning Beech 200 model aircraft. After a thorough review, CASA has decided to cancel this directive, effective from 10 April 2008. The cancellation reflects that the original unsafe condition no longer exists, thus eliminating the need for a replacement AD. The decision to cancel this directive was made without public consultation as it reduces the regulatory burden, and the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement. The cancellation of AD/BEECH 200/28 was authorised under section 84A(2) of the Act by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA.
Scope and Application
The Civil Aviation (Safety) Regulations 1998, made under the Civil Aviation Act 1988, establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft, aligning with the requirements set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the airworthiness of an aircraft type. The State of Registry, in this case, CASA, is tasked with assessing and implementing ADs issued by the State of Design for aircraft registered in Australia. The specific AD/BEECH 200/28, which was issued in 1979 for Beech 200 model aircraft, has been reviewed and is set to be cancelled on 10 April 2008, as the original unsafe condition no longer exists, thereby reducing the regulatory burden without the need for a replacement AD. This cancellation does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative power is further delineated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has issued AD/BEECH 200/28 for Beech 200 model aircraft originally manufactured in 1979. This directive, which mandated certain requirements to ensure the airworthiness of these aircraft, is now being cancelled by CASA, effective from 10 April 2008. This cancellation follows a review by CASA, which determined that the unsafe condition that initially prompted the AD no longer exists. Consequently, no replacement AD is necessary. The decision to cancel the AD was made without public consultation, as the cancellation is expected to reduce the regulatory burden. Additionally, the Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
The obligations imposed by these regulations primarily rest with CASA, as the national airworthiness authority. CASA must ensure the continuing airworthiness of aircraft registered in Australia by assessing any ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs. This responsibility is further supported by the requirement under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to the States of Registry to ensure continuing airworthiness. The State of Registry, in turn, must develop or adopt the requirements to maintain the airworthiness of aircraft within its jurisdiction.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various civil and criminal consequences. While the specific offences and penalties are not detailed in the provided text, it is generally understood that non-compliance with airworthiness directives can lead to severe repercussions, including potential grounding of aircraft, fines, and even imprisonment in cases of serious violations. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the applicable regulations and any additional aviation-related legislation.