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 35/42 affecting all Beechcraft V35B model aircraft with internally lighted altimeters supplied as spares ex-Beechcraft Wichita between 1 September 1972 and 1 August 1973, and model V35B with serial numbers D9398 to D9520. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 35/42. 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, was established to regulate the safety and efficiency of civil aviation in Australia, aiming to protect the public from undue risk associated with civil aviation. Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. In line with these objectives, the Civil Aviation Safety Regulations 1998 were also enacted, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments, which must be assessed and potentially implemented by CASA when issued by a State of Design, aligning with Annex 8 of the Convention on International Civil Aviation. The regulatory process ensures the continuing airworthiness of aircraft within Australia, balancing international obligations with domestic safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia, ensuring the continuing airworthiness of aircraft types and individual aircraft registered in the country. Under these legislative provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, thereby mandating compliance with safety regulations. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is aligned with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for continuing airworthiness, and the State of Registry must ensure the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is required to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This regulatory framework applies to all aircraft registered in Australia, ensuring that safety standards are uniformly enforced across the industry.
Key Provisions
The Civil Aviation Act 1988, as amended and regulated through the Civil Aviation Safety Regulations 1998, empowers the Governor-General to establish rules aimed at ensuring the safety of air navigation (section 98). Specifically, regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments, as per section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)). ADs are a critical component of maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
In terms of obligations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. Conversely, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For Australian-registered aircraft, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. This ensures that all applicable safety requirements are effectively communicated and enforced within Australia’s aviation sector.
The Civil Aviation Safety Regulations 1998 also address the issuance and cancellation of specific ADs. For instance, AD/BEECH 35/42, which affected certain Beechcraft V35B model aircraft, was issued by CASA and subsequently assessed and cancelled. This cancellation was due to the resolution of the unsafe condition that originally prompted the directive. The cancellation took effect on 8 May 2008, and no replacement AD was deemed necessary. The process of cancelling such directives is rooted in Australia’s commitments under the Convention on International Civil Aviation, which does not necessitate public consultation or the preparation of a Regulatory Impact Statement for ADs.
The issuance and cancellation of ADs are governed by specific provisions within the Civil Aviation Act 1988. Section 84A(2) of the Act allows CASA to issue ADs based on the assessment of safety information. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement, streamlining the process of implementing necessary safety measures. The authority to issue these directives lies with CASA, ensuring that safety standards are maintained through the effective management of airworthiness directives.