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 35/54, affecting Beech 35 model aircraft in 1975, and amended it in 1979. 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 the AD’s requirements are covered by routine maintenance practices.
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, aims to provide for the safety and efficiency of civil aviation in Australia. The Act grants the Governor-General the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as demonstrated in the creation of the Civil Aviation Safety Regulations 1998. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) under regulation 39.001, which serve as legislative instruments for ensuring the continuing airworthiness of aircraft types. In the case of AD/BEECH 35/54, which affected Beech 35 model aircraft, CASA, Australia’s national airworthiness authority, has decided to cancel the directive following a review, effective from 5 June 2008. This cancellation, which does not necessitate a Regulatory Impact Statement or public consultation, is due to the AD’s requirements being sufficiently addressed by routine maintenance practices.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under this legislative framework, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products in order to ensure the continuing airworthiness of these items. The ADs are a legislative instrument and are subject to disallowance provisions. The State of Design for an aircraft type has the overarching responsibility for the continuing airworthiness of that type and must provide necessary information to the States of Registry, which in turn must implement requirements to maintain airworthiness. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue corresponding ADs if necessary. The AD/BEECH 35/54, initially issued in 1975 and amended in 1979, has been reviewed and will be cancelled effective 5 June 2008, as its requirements are now covered by routine maintenance practices. This cancellation reduces regulatory burden and does not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia. Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the Act include the responsibility of the State of Design to provide information necessary for the continuing airworthiness of an aircraft type to the States of Registry, such as Australia. The State of Registry, represented by CASA, must then assess this information and, if necessary, issue corresponding ADs to ensure compliance with airworthiness standards. This ensures that the aircraft maintain their airworthiness and meet the safety standards set by the Civil Aviation Act 1988.
Breaches of the ADs issued under the Civil Aviation Safety Regulations 1998 can lead to civil and criminal consequences. Civil Aviation Order 39.001 specifies that non-compliance with ADs is an offence. Such offences are subject to penalties that may include fines up to a certain amount, as stipulated in the regulations. The exact penalty amounts are specified in the relevant parts of the Civil Aviation Safety Regulations 1998, and the enforcement of these penalties is overseen by CASA to ensure compliance with the safety standards set by the legislation. The seriousness of the breach and the potential impact on safety will be factors considered when determining the appropriate penalty.