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 United States FAA has issued AD 2008-13-17 affecting Beechcraft F33, F33A, F33C, G33, V35B, A36, A36TC, B36TC, 95-B55, D55, E55, A56TC, 58, 58P, 58TC, G58 and 77 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 25 September 2008.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
SCHEDULE 1
AD/BEECH 33/47
AD/BEECH 35/73
AD/BEECH 36/52
AD/BEECH 55/97
AD/BEECH 56/35
AD/BEECH 77/16
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. One significant aspect of this Act is the authority it grants the Governor-General to make regulations that contribute to the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate compliance with continuing airworthiness requirements, ensuring that aircraft remain airworthy throughout their operational lives. In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning various Beechcraft model aircraft, the Civil Aviation Safety Authority (CASA) has assessed the information and issued corresponding Australian ADs, which will become effective on 25 September 2008. Given the international obligations under the Convention on International Civil Aviation and the direct response to a State of Design directive, no public consultation was required, and the Office of Best Practice Regulation determined that a Regulatory Impact Statement was unnecessary. This AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General is empowered to make regulations, and the Civil Aviation Safety Authority (CASA) is tasked with implementing these regulations to enhance the safety of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables CASA to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs serve as a means to ensure the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information to maintain airworthiness. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, ensuring compliance with international obligations and domestic safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft and are a key tool under the Civil Aviation Act 1988 for maintaining safety in air navigation. The ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry, who in turn are responsible for the airworthiness of individual aircraft registered within their jurisdiction. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
The obligations imposed by the ADs include a responsibility on CASA to review and assess any ADs issued by the State of Design for aircraft registered in Australia. Once CASA deems it necessary, they must issue corresponding Australian ADs to ensure compliance with the safety standards set forth by the State of Design. These ADs provide detailed instructions on necessary actions to be taken, such as inspections, repairs, and modifications, to ensure that the aircraft remain airworthy. Furthermore, the ADs require aircraft operators to adhere to the specified compliance timelines, ensuring that all required actions are completed within the designated periods to maintain the safety standards of the aircraft.
Failure to comply with the requirements of an AD can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in both civil and criminal penalties. Civil penalties may include fines, suspension or revocation of aircraft certificates, and other administrative actions. Criminal penalties can include imprisonment for individuals found guilty of violating ADs, particularly if the non-compliance results in an aviation accident or incident. The specific maximum penalties are detailed in the Civil Aviation Act 1988 and can vary based on the severity of the breach and the impact on aviation safety. It is essential for aircraft operators and maintenance personnel to fully understand and adhere to the ADs to avoid these serious repercussions.