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 35/29, affecting Beech 35 model aircraft in 1970. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 5 June 2008. No replacement AD is required, as compliance with this AD was required within 25 hours TIS after 21 August 1970. As all affected aircraft would have been inspected, and, if necessary, modified long ago, the AD is no longer required.
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, enacted by the Commonwealth Parliament, was introduced to provide a legislative framework for ensuring the safety of civil aviation within Australia. This Act authorises the creation of regulations that are integral to maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the ongoing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The policy objective behind these regulations is to uphold and enhance the safety standards of civil aviation through effective oversight and enforcement mechanisms. The Civil Aviation Act 1988, thus, plays a pivotal role in governing the safety and regulatory landscape of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. The Act and Regulations apply to all aircraft and aeronautical products operating in Australia, as well as to aircraft manufacturers and operators. CASA has the power to issue airworthiness directives (ADs), which are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft. ADs are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, and are intended to address safety issues with specific types of aircraft. In the case of AD/BEECH 35/29, CASA has decided to cancel an AD that was issued in 1970 for Beech 35 model aircraft, as the requirements of the AD have already been met by all affected aircraft. The cancellation of this AD will reduce the regulatory burden on affected parties and is not subject to consultation or a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to ensure the ongoing safety and airworthiness of these aircraft, as stipulated under section 98 of the Civil Aviation Act 1988. The ADs serve as formal legislative instruments under the Acts Interpretation Act 1901, and are subject to disallowance as specified in section 46A. This means they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft, and must adopt or develop requirements to maintain these standards. When a State of Design issues an AD, CASA, as the national airworthiness authority for Australia, is required to evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In this specific instance, CASA issued AD/BEECH 35/29 for Beech 35 model aircraft manufactured in 1970. Following a review, CASA has decided to cancel this AD, effective from 5 June 2008. No new AD is necessary because the original compliance deadline of 25 hours TIS after 21 August 1970 has long passed, and all affected aircraft would have already been inspected and, if necessary, modified. No public consultation was necessary for this cancellation as it results in a reduction of regulatory burden, and the Office of Best Practice Regulation has determined that such 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.
In terms of the obligations imposed by the Civil Aviation Safety Regulations 1998, the State of Design must ensure the continuing airworthiness of aircraft types by providing necessary information to States of Registry. The State of Registry is then responsible for implementing the requirements to maintain the airworthiness of individual aircraft. CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. Any breaches of these requirements could result in civil or criminal consequences, depending on the severity of the non-compliance and the specific regulations involved. The exact penalties are not detailed in this specific legislative provision but could range from fines to imprisonment under Australian law, depending on the nature and impact of the breach.