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 35/57 Amdt 1 affecting all Beechcraft 35 model aircraft as detailed in Beechcraft Mandatory Service Bulletin No. 2109. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 35/57 Amdt 1. 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, provides a framework for the regulation of civil aviation to ensure the safety of air navigation. This Act empowers the Governor-General to create regulations in the interests of aviation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and thus fall within the scope of the Legislative Instruments Act 2003. The primary objective of these regulations is to maintain the continuing airworthiness of aircraft in alignment with international standards, particularly under Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments, which are disallowable under section 46A of the Acts Interpretation Act 1901 and regulated under the Legislative Instruments Act 2003. The ADs apply to aircraft registered in Australia and are issued in compliance with the continuing airworthiness responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the type's continuing airworthiness, and the State of Registry is responsible for individual aircraft. CASA, as Australia’s national airworthiness authority, must issue Australian ADs when necessary to enforce the requirements of the State of Design. The issuance or cancellation of such directives does not require consultation with the Australian public, as determined by the Office of Best Practice Regulation, which found that ADs do not necessitate a Regulatory Impact Statement. This particular AD cancellation concerning the Beechcraft 35 model aircraft was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 recognises these ADs as legislative instruments, given their disallowable nature under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations primarily focus on ensuring the ongoing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to maintain airworthiness standards. Conversely, the State of Registry is tasked with developing or adopting requirements to ensure the airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry must assess this information and, if appropriate, issue a corresponding AD to enforce the State of Design's requirements.
Breach of these obligations can lead to significant consequences. While the specific penalties for non-compliance with airworthiness directives are not detailed within this text, failure to adhere to ADs can result in both civil and criminal liabilities. The severity of these penalties can vary, but they may include substantial fines, imprisonment, or both, depending on the nature and extent of the non-compliance. The Civil Aviation Safety Authority's actions, such as the cancellation of AD/BEECH 35/57 Amdt 1, demonstrate a commitment to upholding safety standards, even when it involves retracting directives due to resolved safety concerns. This particular AD was cancelled as the unsafe condition it addressed no longer existed, illustrating the dynamic and responsive nature of airworthiness regulations.