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 United States FAA issued AD 2008-07-10 affecting Hawker Beechcraft B200 series aeroplanes. The United States is the State of Design for these aeroplanes. The original issue of this AD contained a typographical error. As a result the AD has been corrected and the amended AD, AD/BEECH 200/75 Amendment 1 will become effective on 13 July 2008. 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, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft. Under this Act, the Governor-General has the authority to make regulations that align with the Act's objectives, particularly those aimed at enhancing safety within air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential for maintaining the continuing airworthiness of aircraft and are issued in compliance with international standards, specifically under Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia meets its obligations to the international community while prioritising the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988, as amended and supported by the Civil Aviation Safety Regulations 1998, governs the safety of air navigation within Australia, with specific attention to the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specified types of aircraft or aeronautical products. Such directives are integral to ensuring the continuing airworthiness of aircraft and are mandated by international conventions, notably Annex 8 to the Convention on International Civil Aviation. Under this framework, the State of Design bears responsibility for providing necessary information to maintain airworthiness, while the State of Registry, in this case CASA acting on behalf of Australia, must implement these directives as Australian ADs. These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are created in compliance with the Legislative Instruments Act 2003. Notably, while ADs are crucial for maintaining safety standards, they are not subject to public consultation or Regulatory Impact Statements, reflecting their technical nature and the urgency of ensuring compliance with international safety protocols.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, thus, fall within the definition of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Compliance with these ADs is essential for maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of a type of aircraft and must supply any necessary information to ensure this. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue Australian ADs to enforce the required safety measures. This process ensures that all aircraft operating within Australia meet international safety standards.
The obligations imposed by these regulations are stringent, demanding that both the State of Design and the State of Registry take proactive measures to ensure airworthiness. The State of Design must issue ADs to address any identified safety issues, while the State of Registry must implement these directives to maintain the airworthiness of individual aircraft. Failure to comply with these obligations can result in significant legal consequences.
In terms of penalties and consequences for non-compliance, the Act does not explicitly outline the penalties for breaching the ADs. However, failure to comply with airworthiness directives can lead to severe civil or criminal penalties. The specific penalties may include fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. These consequences underscore the importance of adhering to the ADs to ensure the safety of air navigation.