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 23/47, affecting BEECH 23 model aircraft in 1991. 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 Australian Parliament, establishes a regulatory framework for civil aviation safety, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments aimed at ensuring the safety of air navigation and continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific aircraft or aeronautical products, with such directives being subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to harmonise with international practices and ensure that the Australian aviation industry maintains high safety standards. CASA has the authority to issue, review, and cancel ADs as circumstances change, reflecting its role in protecting public safety within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to mandate safety requirements for the continuing airworthiness of aircraft registered in Australia. The State of Design is responsible for the initial airworthiness of an aircraft type, and must provide necessary information to States of Registry to maintain ongoing airworthiness, as stipulated under Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs to align with the directives from the State of Design. For example, CASA issued AD/BEECH 23/47 in 1991 for BEECH 23 model aircraft, which has now been cancelled as of 20 December 2007, since the original unsafe condition no longer exists and does not require a replacement. The cancellation was made without public consultation as it reduces regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in line with the Act’s provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) in Australia. The Governor-General has the authority to make regulations that promote the safety of air navigation, while CASA is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are also considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. This regulatory structure is designed to ensure that aircraft and aeronautical products meet the necessary safety standards, thereby safeguarding the integrity of air navigation.
The obligations imposed by the Act and the Regulations on parties such as CASA, the State of Design, and the State of Registry are significant. The State of Design, which is the country where the aircraft was designed, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing any necessary information to States of Registry to maintain safety standards. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the airworthiness of individual aircraft on its registry. When an AD is issued by a State of Design, CASA must assess this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements.
Failure to comply with ADs can lead to serious consequences. The Civil Aviation Act 1988 and associated regulations impose strict requirements on aircraft operators and other relevant parties to adhere to the ADs issued by CASA. Non-compliance can result in significant penalties, including fines and potential criminal charges. The exact penalties depend on the severity of the breach and the specific provisions of the Act and Regulations. Given the critical nature of air safety, enforcement actions can be stringent, reflecting the high stakes involved in ensuring the safety of air navigation.
The Civil Aviation Safety Regulations 1998 also provide for the cancellation of ADs when the conditions that necessitated their issuance no longer exist. For instance, AD/BEECH 23/47, which was issued in 1991 for BEECH 23 model aircraft, has been cancelled by CASA as of 20 December 2007. This cancellation does not require a replacement AD because the original unsafe condition no longer poses a risk. The process of cancelling an AD is governed by the Act, and in this case, the AD was cancelled by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. No public consultation was necessary for this cancellation as it reduces the regulatory burden, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.