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 US FAA issued AD AD2004-23-02, affecting Beech 200 series aircraft, in 2004. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error which stemmed from the FAA AD. The amended AD, AD/BEECH 200/45 Amendment 4, will become effective on 26 October 2006. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the need to ensure the safety of air navigation. This Act empowers the Governor-General to create regulations that protect the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. The objective of the Act is to establish a comprehensive framework for maintaining the safety and airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as crucial instruments for communicating continuing airworthiness information to States of Registry, ensuring that aircraft meet necessary safety standards. CASA’s role is to evaluate and, where required, implement these directives to maintain the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Amendment of AD/BEECH 200) Instrument 2006 applies to all entities operating Beech 200 series aircraft in Australia, ensuring compliance with international standards for airworthiness. This regulation is specifically targeted at aircraft registered in Australia and falls under the jurisdiction of the Civil Aviation Act 1988 and its associated regulations. The geographic scope of this legislation is national, as it pertains to aircraft operating within Australian airspace, ensuring that all such aircraft meet safety standards that align with international conventions. This airworthiness directive, issued under the authority granted by the Civil Aviation Act 1988, is designed to correct a typographical error in the original AD issued by the US Federal Aviation Administration (FAA). The AD applies to the Beech 200 series aircraft, which are registered in Australia, and mandates specific actions to ensure these aircraft remain airworthy. The regulation does not apply to other aircraft types or other forms of air transport, and no exclusions or exemptions have been specified in this particular directive. The issuance of this directive adheres to Australia's obligations under the Convention on International Civil Aviation, and it has been issued without public consultation as it directly responds to an AD issued by the State of Design.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are significant. The State of Design for an aircraft type has the responsibility for ensuring the continuing airworthiness of that type, and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and, if appropriate, issue corresponding ADs to mandate the requirements for aircraft on the Australian Register. This ensures that Australian aircraft meet international safety standards.
Failure to comply with airworthiness directives can lead to severe consequences. The Civil Aviation Act 1988 outlines various offences related to the non-compliance with ADs, which can result in both civil and criminal penalties. For instance, operating an aircraft in contravention of an airworthiness directive can lead to substantial fines and imprisonment. The specific penalties are detailed in the Civil Aviation Act and can vary based on the nature and severity of the offence.
Under the Civil Aviation Safety Regulations 1998, CASA is mandated to issue ADs when necessary to maintain the airworthiness of aircraft. These directives can include instructions for inspections, maintenance, modifications, and other actions required to ensure the safety of the aircraft. The regulations emphasise the importance of adhering to these directives to prevent accidents and ensure public safety.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive legal framework for ensuring the safety of aircraft in Australia. They mandate the issuance and compliance with airworthiness directives, impose significant obligations on the State of Design and States of Registry, and establish severe penalties for non-compliance, thereby safeguarding air navigation and public safety.