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 35/38, affecting Beech 35 model aircraft in 1973. 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 before 31 July 1973. 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, aims to ensure the safety of air navigation and establish a comprehensive regulatory framework for civil aviation in Australia. It empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on maintaining the highest safety standards in air navigation. One of the key provisions of the Act is the ability to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, which are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) to address identified safety issues with aircraft types or aeronautical products. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing Australian ADs to ensure compliance with safety standards. The process of issuing and cancelling ADs is a crucial aspect of maintaining the safety and reliability of the Australian civil aviation fleet.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Regulation 39.001 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and continuing airworthiness. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901. In the context of international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must enforce these standards on individual aircraft. The recent cancellation of AD/BEECH 35/38, which affected Beech 35 model aircraft from 1973, exemplifies CASA's role in adapting to historical compliance, where the AD was deemed unnecessary due to the aircraft already being inspected and modified in line with the original requirements. This cancellation, effective from 5 June 2008, aligns with the regulatory practice of reducing unnecessary burdens without the need for a Regulatory Impact Statement, as assessed by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, therefore, a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry. Conversely, the State of Registry, in this case, CASA, must ensure the ongoing airworthiness of individual aircraft within its jurisdiction.
Under these regulations, CASA has the obligation to review airworthiness directives issued by the State of Design. When such a directive is pertinent to aircraft registered in Australia, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This process ensures that the safety standards mandated by the State of Design are implemented in Australia. For instance, CASA issued AD/BEECH 35/38 for Beech 35 model aircraft in 1973. After a review, CASA decided to cancel this directive, effective from 5 June 2008. This cancellation was deemed appropriate because all affected aircraft had already been inspected and, if necessary, modified before the specified deadline of 31 July 1973. Consequently, no further action is required under this AD, and no new AD is needed to replace it.
There are no provisions for public consultation on the cancellation of ADs that result in a reduction of the regulatory burden, as determined by the Office of Best Practice Regulation. Moreover, such ADs do not require a Regulatory Impact Statement. The cancellation of AD/BEECH 35/38 was executed by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. This process highlights the stringent measures CASA employs to ensure that only necessary and current directives are in effect to maintain the highest safety standards in civil aviation.