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 200/32 affecting Beech 200 series aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 200/32. 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 provide a legislative framework for the safety, efficiency, and orderly development of civil aviation in Australia. It grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation, as stipulated in section 98. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products under regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective behind these provisions is to align Australian aviation safety practices with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types, and the State of Registry must ensure the ongoing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, has the duty to assess international airworthiness directives and, when necessary, issue corresponding Australian directives to maintain compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which apply to all aircraft registered in Australia, as well as to aeronautical products. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, has the power under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with the safety requirements outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments as per the Legislative Instruments Act 2003. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia, to maintain airworthiness standards. CASA is obligated to assess information from the State of Design and issue corresponding Australian ADs to enforce the required safety measures. This specific AD/BEECH 200/32 affecting Beech 200 series aircraft has been cancelled by CASA, effective from 10 April 2008, due to the resolution of the unsafe condition it was addressing, and no replacement AD is necessary. Given the international nature of ADs and Australia's obligations under the Convention, there has been no public consultation on this AD cancellation, and it was determined that a Regulatory Impact Statement was not required.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations in the interest of air navigation safety. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, which involves providing necessary information to States of Registry. The State of Registry, in turn, must implement requirements to maintain the continuing airworthiness of individual aircraft registered within its jurisdiction.
The obligations imposed by these regulations necessitate that CASA, as Australia's national airworthiness authority, review any ADs issued by a State of Design against aircraft types registered in Australia. If deemed necessary, CASA must then issue a corresponding Australian AD to enforce the safety requirements stipulated by the original AD. This process ensures that Australian aircraft comply with international safety standards and that any identified unsafe conditions are promptly addressed. In the specific case of AD/BEECH 200/32, which pertains to Beech 200 series aircraft, CASA has assessed the directive and decided to cancel it. This decision was made due to the resolution of the unsafe condition, and no replacement AD is required. The cancellation is set to take effect on 10 April 2008.
There are no civil or criminal consequences outlined for the breach of airworthiness directives under the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998. However, non-compliance with these directives can lead to severe repercussions, including the grounding of aircraft, potential fines, and other administrative actions enforced by CASA. The regulations and the ADs themselves are designed to ensure that all parties adhere to the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.