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 35/31, affecting Beech 35 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to the safety, efficiency, and orderly development of civil aviation. This legislation empowers the Governor-General to make regulations in the interests of safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments, and their issuance aims to ensure the continuing airworthiness of aircraft as per the Convention on International Civil Aviation. The policy objective underpinning these regulations is to maintain the highest safety standards in Australia’s civil aviation sector, thereby protecting the public and reducing the risk associated with air travel.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. According to regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue these directives for specific kinds of aircraft or aeronautical products. The issuance of ADs falls under the purview of the Manager, Airframes in the Airworthiness Engineering Branch, acting on behalf of CASA, as per subsection 84A(2) of the Act. ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003. The ADs are issued in line with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, requiring it to provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft, either by developing or adopting relevant requirements. In the case of Beech 35 model aircraft, CASA issued AD/BEECH 35/31 in 1971, which has now been cancelled effective from 17 January 2008, as the safety concerns it addressed are now covered by another AD, AD/GENERAL/74 Amendment 1. The cancellation of this AD was determined to not require public consultation or a Regulatory Impact Statement, as it results in a reduction of the regulatory burden.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus as legislative instruments under section 6 of the Legislative Instruments Act 2003, serve to maintain the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
The State of Design of an aircraft type is primarily responsible for ensuring its ongoing airworthiness, a duty that includes providing necessary information to the States of Registry. These States of Registry, in turn, must establish requirements to ensure the airworthiness of individual aircraft registered in their jurisdictions. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to evaluate the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements specified by the State of Design. This regulatory framework ensures that safety standards are uniformly applied across the aviation sector.
A specific example is AD/BEECH 35/31, which was issued by CASA in 1971 concerning the Beech 35 model aircraft. After reviewing the directive, CASA has decided to cancel this AD, effective from 17 January 2008. The decision to cancel was made without public consultation because it reduces the regulatory burden, and the Office of Best Practice Regulation has concluded that such ADs do not require a Regulatory Impact Statement. The cancellation of AD/BEECH 35/31 is due to the original safety issue being adequately addressed by AD/GENERAL/74 Amendment 1, making the earlier AD redundant.
In terms of penalties and consequences, the Act does not specify particular offences or penalties directly related to the issuance or cancellation of ADs. However, failure to comply with an AD can lead to serious civil or criminal penalties. Under section 84A(2) of the Act, CASA issues ADs on behalf of the government, and non-compliance with these directives can result in significant fines or imprisonment. The precise penalties depend on the severity of the non-compliance and are determined according to the specific regulations and circumstances involved.