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 33/28, affecting Beech 33 and 35-33 model aircraft in 1980. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 10 April 2008. 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 was enacted to ensure the safety of air navigation, and among its provisions, it empowers the Governor-General to make regulations that further this objective. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, establishing these directives as legislative instruments. This regulatory framework ensures that Australia adheres to international standards set forth in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, assesses this information and may issue Australian ADs to enforce the requirements of the State of Design. The AD/BEECH 33/28, issued in 1980 and affecting Beech 33 and 35-33 model aircraft, has been reviewed and cancelled by CASA, effective from 10 April 2008, due to the resolution of the original unsafe condition, without necessitating a replacement AD. The cancellation of this AD reflects a reduction in regulatory burden, and in accordance with the Office of Best Practice Regulation, no Regulatory Impact Statement was required. The AD cancellation was executed by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in alignment with the legislative provisions.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Specifically, 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, making these directives legislative instruments under the Acts Interpretation Act 1901. The ADs are integral to maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation, with the State of Registry responsible for ensuring compliance with airworthiness requirements. CASA, as Australia's national airworthiness authority, plays a pivotal role in issuing ADs based on directives from the State of Design or in response to identified safety issues. The authority to issue and cancel ADs, as demonstrated in the case of AD/BEECH 33/28 affecting Beech 33 and 35-33 model aircraft, underscores CASA’s commitment to aviation safety and regulatory burden reduction. The cancellation of this AD, effective from 10 April 2008, was determined to not necessitate public consultation or a Regulatory Impact Statement, reflecting its minimal impact on the regulatory framework.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products. This legislative authority is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA include the responsibility to assess information provided by the State of Design (the country where the aircraft was designed) and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, working in tandem with CASA.
There are no specific offences or penalties outlined in the text for breach of ADs. However, the text implies that the failure to comply with an AD could potentially lead to serious safety issues, which could incur penalties under the Civil Aviation Act 1988 for non-compliance with airworthiness regulations. The exact penalties for such non-compliance would depend on the specific circumstances and the severity of the breach, but they could potentially include fines and other regulatory actions.
In the specific case of AD/BEECH 33/28, which affected Beech 33 and 35-33 model aircraft, CASA has decided to cancel the AD issued in 1980. This decision is based on the assessment that the original unsafe condition no longer exists, and no replacement AD is necessary. The cancellation of this AD is effective from 10 April 2008, and no public consultation was required as the cancellation reduces the regulatory burden. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement. 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 Act.