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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BEECH 33/38 affecting Beechcraft 33 series aeroplanes. The United States FAA issued AD 2009-25-01 on 4 December 2009 which supersedes the requirements of AD/BEECH 33/38 and as such this AD has been cancelled. The United States is the state of design for these aeroplanes. The cancellation will become effective on 8 January 2010.
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 Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and to ensure the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations for the safety of air navigation, and in accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. ADs are legislative instruments that mandate specific actions to maintain the continuing airworthiness of aircraft and are a common practice among ICAO Contracting States. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must implement the necessary requirements to ensure the aircraft's airworthiness. CASA must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs.
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) to ensure the safety of aircraft types registered in Australia. These ADs apply to all aircraft registered within Australia, encompassing both domestic and international flights operating under Australian jurisdiction. The ADs serve as a legislative instrument, binding upon the State of Registry to ensure the continuing airworthiness of each aircraft. For aircraft designed in foreign states, such as the Beechcraft 33 series aeroplanes designed by the United States, CASA must assess and, if appropriate, issue corresponding Australian ADs to mandate the requirements stipulated by the State of Design. The ADs are part of an international framework, adhering to Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types. The regulatory authority to issue and cancel these ADs is vested in CASA, ensuring compliance with both domestic and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as outlined in subregulation 39.001(5). These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations primarily focus on the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft type was designed, has the responsibility to ensure that the aircraft type remains airworthy, as stipulated under Annex 8 to the Convention on International Civil Aviation. This involves providing necessary information to appropriate States of Registry to support the maintenance of airworthiness. The State of Registry, which is the country where the specific aircraft is registered, must then develop or adopt requirements to ensure that individual aircraft remain airworthy. In the case of Australia, CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
There are several consequences outlined in the regulations for non-compliance with ADs. Failure to comply with the ADs can result in severe penalties and legal ramifications. The specific penalties for non-compliance with ADs are not detailed in the provided text, but it is clear that such non-compliance can lead to significant civil and criminal consequences. Additionally, under the Civil Aviation Safety Regulations 1998, ADs are treated as legislative instruments, and therefore, they carry the weight of statutory authority. The regulations also stipulate that ADs issued by CASA must be reviewed and, if necessary, cancelled when superseded by newer directives, as seen with the AD/BEECH 33/38 which was superseded by the United States FAA AD 2009-25-01. The effective date for such cancellations is clearly stated, and in this case, the cancellation became effective on 8 January 2010.