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 35/51, affecting Beech 35 model aircraft in 1976. 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 100 hours time-in-service after 31 December 1976. All affected aircraft would have been modified long ago, so 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 Australian Parliament, serves to regulate civil aviation within Australia, ensuring the safety of air navigation as its primary objective. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and structure to the regulatory framework, with particular emphasis on airworthiness. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to maintain safety standards. As part of its duty to comply with international standards set by the International Civil Aviation Organization (ICAO), Australia's national airworthiness authority, CASA, issues ADs based on directives from the aircraft's State of Design and ensures the continuing airworthiness of aircraft registered in Australia. The legislative process for such directives adheres to the requirements of the Legislative Instruments Act 2003, classifying them as disallowable instruments under the Acts Interpretation Act 1901. The enactment of this legislation was driven by the need to align Australian civil aviation practices with international standards and to ensure the safety and efficiency of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically mandates that CASA can issue these directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, with the State of Design being responsible for providing necessary information to the States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, reviews this information and issues corresponding Australian ADs where necessary. The AD/BEECH 35/51, affecting Beech 35 model aircraft manufactured in 1976, is an example of such directives. CASA has determined that this specific AD is no longer necessary as all affected aircraft would have been modified long ago, leading to its cancellation effective 5 June 2008, without the need for a replacement AD. This decision to cancel the AD, resulting in a reduction of the regulatory burden, was made without public consultation and does not require a Regulatory Impact Statement, reflecting CASA's adherence to streamlined regulatory practices.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are formal regulatory instruments that must comply with the requirements set out in the Acts Interpretation Act 1901 and are considered legislative instruments under the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia's national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. When the State of Design, which is responsible for the aircraft type's design, issues an AD, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian aircraft meet international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation.
In the specific case of AD/BEECH 35/51, issued in 1976 for Beech 35 model aircraft, CASA has decided to cancel this directive, effective from 5 June 2008. This decision was made after reviewing the AD and determining that it is no longer necessary because all affected aircraft would have already been modified long ago, rendering the AD obsolete. No public consultation was required for this cancellation as it reduces regulatory burden. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Those responsible for the continuing airworthiness of aircraft must comply with any ADs issued by CASA. Failure to adhere to these directives can result in severe consequences, including the potential grounding of non-compliant aircraft, which could lead to significant safety risks and legal ramifications for the operators. The AD cancellation process itself is overseen by the Manager, Airframes in the Airworthiness Engineering Branch, who acts on behalf of CASA in accordance with subsection 84A(2) of the Act.