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 raised AD/BEECH 200/38 to correct an unsafe situation on Beech 200 aircraft in 1981. The AD has subsequently been amended a number of times. As a result of a request from industry, the AD has been amended again to AD/BEECH 200/38 Amdt 5 to update the reference to the aircraft maintenance manual. The amendment does not change the requirements of the AD. This AD becomes effective on 20 November 2008 and cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public, because the requirements of the AD have not been changed.
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 and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation. Under this legislative authority, the Civil Aviation Safety Regulations 1998 were developed, including provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments designed to address unsafe conditions on aircraft or aeronautical products, ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The recent amendment to AD/BEECH 200/38, specifically AD/BEECH 200/38 Amdt 5, was issued by CASA to update the reference to the aircraft maintenance manual without altering the underlying requirements, thus maintaining the safety standards for Beech 200 aircraft in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. This regulatory framework is integral to ensuring the safety of air navigation in Australia. Airworthiness directives are legislative instruments and can be amended to address specific safety concerns without altering the fundamental requirements, as exemplified by the recent amendment to AD/BEECH 200/38 Amdt 5. These directives apply to aircraft registered in Australia and are aligned with the responsibilities of the State of Registry, which must ensure the continuing airworthiness of aircraft under international standards set by the Convention on International Civil Aviation. The ADs are issued in response to unsafe situations identified by the State of Design or CASA and are applicable to the relevant aircraft types on the Australian Register. Exemptions or exclusions from these directives are not mentioned in the provided text, and it is presumed that the regulations apply universally to all relevant aircraft and aeronautical products within Australia. The regulatory process does not require consultation with the industry or public if the AD's requirements remain unchanged, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 concerning the issue of airworthiness directives (ADs) are detailed in regulation 39.001 (subsection 5). Under section 98 of the Act, the Governor-General is empowered to create regulations for air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Obligations imposed by these provisions include the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of a type to States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. When an AD is issued by a State of Design for a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence and may result in civil penalties. The maximum penalty for individuals is generally a fine of up to $21,000, and for corporations, it is up to $105,000. In more severe cases, particularly where the non-compliance results in a safety incident or accident, criminal penalties may also apply, potentially leading to imprisonment. It is important for aircraft operators and other relevant parties to adhere to ADs to ensure the safety and airworthiness of aircraft.
In summary, the regulations mandate that CASA can issue ADs to maintain safety standards for aircraft types registered in Australia. These ADs must be issued following the assessment of information from the State of Design, and they impose stringent obligations on aircraft operators to ensure compliance. Non-compliance can result in significant civil and potentially criminal penalties, underscoring the importance of adhering to these directives to maintain aviation safety.