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 200/33, affecting Beech 200 model aircraft in 1981. 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 comprehensive framework for the regulation of civil aviation in Australia, with a particular emphasis on safety and efficiency. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are instrumental in ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry under international conventions. CASA, acting as Australia's national airworthiness authority, must issue corresponding ADs when the State of Design issues directives for aircraft registered in Australia. The Act provides the legislative foundation for CASA's role in maintaining and enforcing these safety standards, thereby safeguarding the public and promoting efficient air travel within Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, enabling the Civil Aviation Safety Authority (CASA) to mandate safety requirements for aircraft types registered in Australia. This legislation applies to all persons and entities involved in the operation, maintenance, and certification of aircraft, as well as to the aircraft themselves and aeronautical products. The scope of the Act extends to the Commonwealth jurisdiction, ensuring uniformity in aviation safety standards across Australia. The application of ADs is critical for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The AD/BEECH 200/33, which was issued to address specific safety concerns for Beech 200 model aircraft, has been assessed by CASA and is now being cancelled due to the resolution of the original safety issue. This cancellation, effective from 10 April 2008, reflects the ongoing responsibility of CASA to monitor and ensure the safety and airworthiness of aircraft within Australia. The legislative process involved in issuing and cancelling ADs is stringent, ensuring that CASA adheres to the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation (section 98). Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and therefore are legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs are crucial tools in maintaining the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure it remains airworthy. In Australia, CASA, as the national airworthiness authority, must assess any information from the State of Design and, if appropriate, issue an Australian AD to enforce the required measures. The State of Registry of an individual aircraft also has the responsibility of ensuring its continuing airworthiness, and must develop or adopt appropriate requirements to meet this obligation.
CASA issued AD/BEECH 200/33 for Beech 200 model aircraft in 1981. After review, CASA has decided to cancel this AD, effective 10 April 2008. This decision was made because the unsafe condition that prompted the original directive no longer exists, and thus no replacement AD is necessary. No public consultation was undertaken for this cancellation, as it 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 was made by the Manager, Airframes, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This demonstrates CASA's commitment to ensuring the safety of air navigation and the continuing airworthiness of aircraft operating in Australia.