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 has raised AD/BEECH 200/67 Amendment 4 to correct an unsafe situation on Beech 200 aircraft. This AD mandates a rear pressure bulkhead inspection, and was issued as a result of an in flight loss of cabin pressure due to bulkhead cracking. The State of Design for this type, the USA, did not mandate an inspection, as they saw the problem as particularly related to aircraft maintained and operated in Australia. As there are many examples of the Beech 200 on the Australian register, CASA developed an AD to correct the problem on Australian aircraft. This amendment updates the AD to reflect the latest changes to the manufacturer’s maintenance manual for the type. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public, because the amendment does not alter the technical requirements of the AD, but simply clarifies a maintenance manual reference and is administrative in nature only. There is no additional industry burden of compliance as a result of this amendment.
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 overarching framework for civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which is a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory approach is designed to uphold the safety standards mandated by the Convention on International Civil Aviation, specifically through Annex 8, which outlines the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. The issuance of ADs is pivotal in addressing specific safety concerns identified by CASA, such as the amendment to AD/BEECH 200/67 Amendment 4, which mandates a rear pressure bulkhead inspection to rectify an unsafe condition on Beech 200 aircraft, a measure necessitated by an in-flight loss of cabin pressure due to bulkhead cracking. This amendment, though technical, underscores the commitment to safety and the adherence to international civil aviation standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation as per the Civil Aviation Act 1988. These directives are legislative instruments that must comply with the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft, with the State of Design having overall responsibility for providing necessary information to the States of Registry. In the case of Australian-registered aircraft, CASA, acting as the national airworthiness authority, is mandated to issue ADs when necessary to ensure safety. For instance, AD/BEECH 200/67 Amendment 4 was issued to address a specific safety issue related to a rear pressure bulkhead on Beech 200 aircraft, which was found to be particularly relevant to aircraft maintained and operated in Australia. This AD was issued to mandate an inspection to prevent in-flight loss of cabin pressure due to bulkhead cracking, reflecting updates in the manufacturer’s maintenance manual. The issuance of this AD involved no consultation with the Australian industry and public, as it was administrative in nature and did not impose additional compliance burdens.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which is critical for maintaining the safety of aircraft and aeronautical products. This regulatory power is derived from section 98 of the Civil Aviation Act 1988, enabling CASA to mandate specific safety requirements. Section 39.001(5) of the Regulations stipulates that these ADs are considered disallowable instruments, thus subject to parliamentary scrutiny as per section 46A of the Acts Interpretation Act 1901. Furthermore, in accordance with section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments, underscoring their formal and binding nature.
Under the obligations outlined in the Civil Aviation Safety Regulations 1998, CASA is mandated to evaluate and, if necessary, issue ADs to ensure the continuing airworthiness of aircraft types registered in Australia. This obligation extends to situations where the State of Design issues an AD, as CASA must assess the provided information and, if appropriate, issue an Australian AD. For example, AD/BEECH 200/67 Amendment 4 was issued to address a specific safety issue on Beech 200 aircraft registered in Australia, which was not mandated by the USA, the State of Design. The AD requires a rear pressure bulkhead inspection due to incidents of in-flight loss of cabin pressure from bulkhead cracking.
In terms of compliance, the entities governed by these ADs, including aircraft owners, operators, and maintenance providers, are required to adhere strictly to the mandated safety procedures. Non-compliance with ADs can lead to severe consequences, including civil and criminal penalties. While the Civil Aviation Act 1988 does not explicitly state the penalties for non-compliance with ADs, failure to comply with CASA regulations can result in significant fines and potential prosecution under related aviation safety laws. The severity of penalties reflects the critical importance of adhering to airworthiness directives in maintaining the safety of air navigation.
Additionally, the process of issuing ADs is designed to ensure minimal disruption to the industry while maintaining high safety standards. CASA, as the national airworthiness authority, is responsible for ensuring that ADs are issued in a timely and effective manner. In cases where amendments to ADs are purely administrative and do not impose additional compliance burdens, such as the update to AD/BEECH 200/67 Amendment 4, CASA may proceed without extensive consultation. Nonetheless, the overarching goal remains to safeguard the safety and integrity of the aviation industry by enforcing necessary airworthiness measures.