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 5 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 allow the same special inspection interval tolerances that are reflected in 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 allows a tolerance on the special inspection interval already allowed by the manufacturer in the maintenance manual for the type. 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 acting Manager, Airframe 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, enacted by the Australian Parliament, serves to ensure the safety of air navigation by providing a regulatory framework for civil aviation activities within Australia. This legislation empowers the Governor-General to issue regulations that protect the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were created. These regulations permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to address safety concerns. The ADs are legislative instruments that align with international standards, specifically under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design of an aircraft type must ensure the continuing airworthiness of that type and provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, is responsible for issuing Australian ADs when required, ensuring compliance with both international and local safety standards. The objective of these regulations and directives is to maintain the highest safety standards in civil aviation, aligning with the overarching goal of protecting public safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are legislative instruments and must comply with the requirements of the Legislative Instruments Act 2003. The State of Design for an aircraft type holds the primary responsibility for its continuing airworthiness, and must provide necessary information to the State of Registry, which in Australia is CASA. CASA issues Australian ADs when required to address unsafe situations on aircraft registered in Australia, even if the State of Design has not mandated such action. The ADs serve to mandate requirements for maintaining the airworthiness of aircraft types registered in Australia, ensuring they meet safety standards. CASA’s authority to issue ADs extends nationally, impacting all aircraft operators within Australia who must comply with the mandated safety requirements. The ADs do not require consultation with the industry or public unless there are changes to the technical requirements, and they do not necessitate a Regulatory Impact Statement according to the Office of Regulatory Review. The issuance of ADs by CASA is governed by the Act and is subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation (Airworthiness) Amendment (All Other Amendments) Regulations 2009 (in force from 17 April 2009) primarily deal with the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Specifically, the regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs to address safety concerns related to specific types of aircraft or aeronautical products. According to regulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are aligned with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and requires the State of Registry to ensure the continuing airworthiness of individual aircraft.
The obligations imposed by these regulations on the parties or entities they govern are substantial. For instance, the State of Design, which in this case is the United States for the Beech 200 aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and issue an Australian AD if necessary. The AD mandates a specific requirement for a rear pressure bulkhead inspection on Beech 200 aircraft to address an in-flight loss of cabin pressure caused by bulkhead cracking. Additionally, the State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on the Australian Register.
Failure to comply with the provisions of these ADs can lead to various civil and criminal consequences. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives generally results in severe repercussions. These may include civil penalties such as fines or even the suspension or revocation of the aircraft’s certificate of airworthiness. From a criminal perspective, non-compliance could lead to prosecution, resulting in imprisonment or additional fines, depending on the severity of the safety breach. Given the critical nature of airworthiness directives, adherence to these regulations is paramount to maintaining the safety of air navigation.