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 issued AD/BEECH 23/2, affecting BEECH 23 model aircraft in 1964. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 20 December 2007. No replacement AD is required, as the original unsafe condition no longer exists.
No consultation with the Australian public has taken place on this AD cancellation, because the cancellation results in a reduction of the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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, serves as a foundational piece of legislation governing civil aviation in the country. It aims to ensure the safety and efficiency of air navigation and operations. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to further detail the regulatory framework for ensuring airworthiness. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety issues with aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are crucial in maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards as set by the Convention on International Civil Aviation. CASA's role is pivotal in assessing and enforcing these directives to uphold safety standards in Australian airspace.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products to ensure safety in air navigation. These ADs are legislative instruments, as they are disallowable under the Acts Interpretation Act 1901 and constitute legislative instruments as per the Legislative Instruments Act 2003. The application of these regulations extends to all aircraft registered in Australia and aligns with international standards set by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type and the State of Registry the duty to maintain the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue ADs to enforce the airworthiness requirements specified by the State of Design. This legislative approach ensures that Australian aviation safety standards are consistent with international norms and effectively managed within the national regulatory framework.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legislative basis for the issuance of airworthiness directives (ADs). Under these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs to ensure the safety of aircraft types and aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument, meaning it is subject to the scrutiny of Parliament under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This process ensures that ADs, as legislative instruments, are subject to appropriate oversight and approval.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to review and act on airworthiness directives issued by the State of Design, ensuring that the continuing airworthiness of aircraft types registered in Australia is maintained. This involves CASA assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to enforce the required safety measures. This process is critical for maintaining the safety standards of aircraft operating within Australia.
Failure to comply with an airworthiness directive can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act provides for civil penalties for breaches, which can include substantial fines, and potentially criminal penalties if the breach results in serious harm or endangers the safety of flight. The precise penalties are not specified in the regulations but can vary based on the severity of the breach and the impact on aviation safety.
In the specific case of AD/BEECH 23/2, which affected BEECH 23 model aircraft manufactured in 1964, CASA has decided to cancel the directive. This decision follows a review that determined the unsafe condition addressed by the AD no longer exists. The cancellation of the AD, effective from 20 December 2007, reduces the regulatory burden without necessitating a replacement directive. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.