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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BEECH 35/64 affecting Beechcraft 35 series aeroplanes. The United States FAA issued AD 2009-25-01 on 4 December 2009 which supersedes the requirements of AD/BEECH 35/64 and as such this AD has been cancelled. The United States is the state of design for these aeroplanes. The cancellation will become effective on 8 January 2010.
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 Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations, including those related to airworthiness directives, in the interests of safety. Under these provisions, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate the necessary requirements for the continuing airworthiness of aircraft. These directives are integral to maintaining the safety standards required under international conventions, such as Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing airworthiness directives issued by States of Design and implementing them as Australian airworthiness directives when necessary. This ensures that Australian-registered aircraft meet international safety standards and comply with relevant regulations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the authority granted by section 98 of the Act, CASA is empowered to issue ADs to ensure the safety of air navigation, particularly in relation to the continuing airworthiness of aircraft and aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The ADs pertain to all aircraft registered in Australia, and CASA must assess information from the State of Design—the country responsible for the aircraft type’s design—to mandate necessary safety requirements. For instance, CASA issued AD/BEECH 35/64 for Beechcraft 35 series aeroplanes, which was subsequently superseded by a United States Federal Aviation Administration AD, leading to its cancellation. This process underscores the collaborative nature of international civil aviation safety, with CASA ensuring compliance with both national and international standards to maintain airworthiness.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, which is then assessed by CASA. If appropriate, CASA issues Australian ADs to mandate these requirements. For example, when the United States Federal Aviation Administration (FAA) issued AD 2009-25-01 on 4 December 2009, CASA assessed the information and subsequently cancelled the previous AD/BEECH 35/64 concerning Beechcraft 35 series aeroplanes, effective from 8 January 2010. This process ensures that the requirements set forth by the State of Design are implemented within the Australian context.
Any breaches of the ADs can lead to serious consequences. Firstly, non-compliance with ADs can result in aircraft being deemed non-airworthy, which may prevent the aircraft from operating legally. The maximum penalties for non-compliance can include fines up to the statutory maximum and potential imprisonment, depending on the severity of the breach and the discretion of the court. CASA has the authority to enforce these regulations through various measures, including inspections and audits of aircraft and their maintenance records. Ensuring compliance with ADs is critical to maintaining the highest standards of aviation safety in Australia.