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 35/18 affecting Beechcraft 35 model aircraft prior to serial number D4799. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 35/18. The cancellation will become effective on 8 May 2008. 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, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia. This Act allows for the creation of regulations aimed at ensuring the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements, ensuring that aircraft remain in a condition that is safe for operation. The Act's overarching policy objective is to maintain and enhance the safety of civil aviation in Australia, in alignment with international standards and obligations under the Convention on International Civil Aviation. The Act was enacted by the Australian Parliament, reflecting the national commitment to robust aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products to ensure the safety of air navigation, in line with international standards set by the Convention on International Civil Aviation. The ADs are legislative instruments that must be assessed and, if necessary, adopted by the State of Registry, which is responsible for the continuing airworthiness of individual aircraft registered in Australia. The scope of these directives is national, with CASA evaluating the information provided by the State of Design to determine the need for issuing Australian ADs. In the specific case of AD/BEECH 35/18, which affected Beechcraft 35 model aircraft, CASA assessed the directive and subsequently cancelled it due to the resolution of the unsafe condition, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This AD cancellation reflects Australia’s commitment to international obligations and ensures the continued safety and airworthiness of aircraft operating within the country.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) (sections 98 and 39.001). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 confirms that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, classifying it as a legislative instrument (section 6 of the Legislative Instruments Act 2003).
The obligations imposed by these provisions include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The legislation further outlines the process for issuing and cancelling ADs, as demonstrated in the case of AD/BEECH 35/18 for Beechcraft 35 model aircraft. CASA assessed the AD and determined that the unsafe condition no longer existed, leading to the cancellation of Australian AD/BEECH 35/18, effective from 8 May 2008. This cancellation was made in accordance with Australia's obligations under the Convention on International Civil Aviation, and no public consultation was required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The consequences for non-compliance with these provisions are significant. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance with ADs, failure to adhere to these directives can result in severe safety risks and potential legal repercussions. CASA can take enforcement actions against entities that do not comply with ADs, which may include fines, suspension or revocation of airworthiness certificates, or other regulatory sanctions.