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 200/67 Amdt 5 in March 2009 to correct an unsafe situation on Beechcraft 200 aircraft. A problem was identified which may lead to cracking of the rear bulkhead in Australian aircraftconditions. Amendment 5 of this AD contained a reference to the Beechcraft 200 maintenance manual which has now been updated by the manufacturer. CASA has therefore issued Amendment 6 of this AD to reference to the latest version of the maintenance manual. Additionally, a transitional provision in the compliance has been removed, as it is no longer required, as all Australian registered aircraft would have had the initial inspection accomplished.
CASA has not consulted with the Australian industry and public as the change to the AD is purely of an administrative nature and does not impose any industry burden.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. As part of its regulatory framework, the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs to mandate necessary requirements. The policy objective is to ensure that all aircraft registered in Australia meet safety standards and comply with international norms, thereby protecting public safety and maintaining the integrity of the aviation industry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs apply to all aircraft registered in Australia and are intended to ensure the continuing airworthiness of such aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, and these directives are considered legislative instruments under the Acts Interpretation Act 1901. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue a corresponding Australian AD. This regulatory process ensures that safety requirements are uniformly enforced across the Australian aviation industry. The ADs are meticulously crafted to address specific safety concerns and are subject to amendments as new information becomes available, such as the update from Amendment 5 to Amendment 6 of AD/BEECH 200/67 to reflect the latest version of the Beechcraft 200 maintenance manual.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as stipulated in section 6 of the Legislative Instruments Act 2003. These directives are issued to address specific safety issues and are crucial for maintaining the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations require the State of Design to provide essential information to ensure the airworthiness of aircraft types, while the State of Registry is responsible for implementing and enforcing these requirements domestically. For example, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review the information and, if necessary, issue a corresponding Australian AD. This was the case with AD/BEECH 200/67 Amdt 5, issued in March 2009, which aimed to correct an unsafe condition related to the rear bulkhead cracking on Beechcraft 200 aircraft. This AD was subsequently updated with Amendment 6 to reference the latest version of the Beechcraft maintenance manual, reflecting CASA’s commitment to maintaining safety standards.
Breaching the requirements set forth in these regulations can result in severe consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish various offences, including the potential for fines and imprisonment for serious violations. The specific penalties are detailed in section 34 of the Civil Aviation Act 1988, which can include fines of up to $21,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment terms. These stringent measures underscore the importance of compliance with airworthiness directives to ensure the safety of air navigation and the protection of human life.