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 Civil Aviation Safety Authority or its predecessors issued AD/BEECH 33/22 affecting Beech 33 aircraft with internally lighted altimeters. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 33/22. The cancellation will become effective on 20 December 2007. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch 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 Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring safety and efficiency in the operation of aircraft. The Act provides the framework for the creation of regulations to maintain the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that are essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective underpinning these provisions is to ensure the safety of air navigation and compliance with international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are instrumental in maintaining the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. The State of Design has primary responsibility for an aircraft type's continuing airworthiness, while the State of Registry must implement requirements to ensure this. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information from the State of Design and issuing relevant ADs. The AD/BEECH 33/22 affecting Beech 33 aircraft with internally lighted altimeters, issued by CASA, has been cancelled effective 20 December 2007, due to the unsafe condition no longer existing, without necessitating a replacement AD or public consultation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are quite detailed. The State of Design, which is the country where the aircraft is designed, has the primary responsibility for the continuing airworthiness of an aircraft type. This entails providing necessary information to ensure the safety of aircraft to the State of Registry, which is the country where the aircraft is registered. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. In this instance, CASA has cancelled Australian AD/BEECH 33/22, which affected Beech 33 aircraft with internally lighted altimeters, as the unsafe condition no longer exists.
The cancellation of AD/BEECH 33/22 was executed under Australia's obligations under the Convention on International Civil Aviation. This process did not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which also found that ADs do not need a Regulatory Impact Statement. The cancellation was authorised by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Regarding penalties and consequences, there are no specific offences or penalties mentioned in relation to the issuance or non-compliance with ADs in this context. However, non-compliance with ADs can result in serious safety risks and could potentially lead to enforcement actions by CASA, including the grounding of aircraft until the required safety measures are addressed.