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 35/30 Amdt 1 affecting Beechcraft 35 model aircraft fitted with propeller governors not incorporating Woodward Service Bulletin No. 33535. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 35/30 Amdt 1. 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation. It provides the legal framework for the regulation of civil aviation in Australia. Section 98 of the Act empowers the Governor-General to create regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 detailing the specific procedures and standards to be followed. The Act mandates the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as a legislative instrument, in line with international standards set by the Convention on International Civil Aviation. ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by states in accordance with their responsibilities under the Convention. The cancellation of AD/BEECH 35/30 Amdt 1, reflecting the resolution of an unsafe condition, exemplifies how CASA adheres to these international obligations and maintains safety standards within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as per the Acts Interpretation Act 1901. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are aligned with the requirements of Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for an aircraft type's airworthiness. The State of Registry, in this case CASA, must ensure that aircraft comply with these directives. A specific instance involves the cancellation of Australian AD/BEECH 35/30 Amdt 1 for Beechcraft 35 model aircraft equipped with certain propeller governors, effective from 8 May 2008, due to the resolution of the unsafe condition identified. This action is in accordance with international obligations and did not require public consultation or a Regulatory Impact Statement.
Key Provisions
The main provisions of the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. Regulation 39.001(5) further clarifies that ADs are a formal means to ensure the continuing airworthiness of aircraft, a responsibility ultimately held by the State of Design under Annex 8 to the Convention on International Civil Aviation. For aircraft registered in Australia, CASA must assess these international ADs and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and aircraft operators include the assessment and potential issuance of Australian ADs when international ADs are issued by the State of Design. CASA must ensure that these ADs mandate the required safety measures to maintain the airworthiness of aircraft. Aircraft operators are required to comply with all ADs applicable to their aircraft, including any Australian ADs issued by CASA. This includes conducting the necessary maintenance, repairs, or modifications as specified in the ADs to ensure the aircraft remains airworthy.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for several consequences for non-compliance with ADs. Failure to comply with an AD can result in civil penalties, including fines and imprisonment, under section 21 of the Civil Aviation Act 1988. Specifically, the maximum penalty for an individual is a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, for non-compliance with an AD. Additionally, aircraft operators found in breach of an AD may face operational restrictions or even the grounding of their aircraft by CASA until the required compliance is achieved. Such stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.