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 United States FAA has issued AD 2008-13-17 affecting Beechcraft F33, F33A, F33C, G33, V35B, A36, A36TC, B36TC, 95-B55, D55, E55, A56TC, 58, 58P, 58TC, G58 and 77 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 25 September 2008.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
SCHEDULE 1
AD/BEECH 33/47
AD/BEECH 35/73
AD/BEECH 36/52
AD/BEECH 55/97
AD/BEECH 56/35
AD/BEECH 77/16
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations to support these objectives. One significant regulation is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve to maintain the continuing airworthiness of aircraft by mandating safety requirements derived from international standards, specifically those outlined in Annex 8 to the Convention on International Civil Aviation. The issuing of these directives is part of Australia's commitment to international aviation safety and is done in response to directives from the State of Design, such as the United States Federal Aviation Administration (FAA). As such, CASA issues corresponding Australian ADs to align with international obligations, without the need for public consultation, as these measures are directly in response to international standards and directives.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, pursuant to section 98 of the Civil Aviation Act 1988. These regulations are designed to ensure the safety of air navigation and mandate compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. As a legislative instrument, an AD is subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuance of an AD by CASA is typically in response to an AD issued by the State of Design, with CASA assessing and, if necessary, issuing corresponding Australian ADs to maintain the continuing airworthiness of aircraft registered in Australia. The ADs listed in Schedule 1, issued in response to a United States Federal Aviation Administration AD for various Beechcraft models, exemplify this process and will become effective on 25 September 2008. Given the international obligations and the technical nature of the regulations, no public consultation or a Regulatory Impact Statement was required for these ADs.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. These airworthiness directives play a crucial role in maintaining the continuing airworthiness of aircraft types, with the State of Design having primary responsibility under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian ADs that align with those issued by the State of Design. This ensures that all aircraft registered in Australia meet the required safety standards. The State of Registry, which is Australia in this context, must also develop or adopt requirements to guarantee the continuing airworthiness of aircraft. When a State of Design issues an AD, such as the United States FAA's AD 2008-13-17 affecting various Beechcraft models, CASA must evaluate this information and, if appropriate, issue corresponding Australian ADs. These ADs will mandate the safety requirements specified by the State of Design and will be effective from a specified date, in this case, 25 September 2008.
Failure to comply with the provisions of these airworthiness directives can lead to significant consequences. While the specific offences, penalties, and consequences for non-compliance are not detailed in the provided text, it is known that breaches of airworthiness directives can result in severe civil or criminal penalties. The exact penalties would depend on the nature and severity of the breach, but they can include fines, imprisonment, or both. These measures underscore the importance of adhering to the ADs, as they are integral to maintaining the safety and airworthiness of aircraft operating within Australia.
The issuance of these ADs, particularly in response to international obligations under the Convention on International Civil Aviation, does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This streamlined process ensures that necessary safety measures are implemented promptly without unnecessary delays.