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 36/28, affecting BEECH 36 model aircraft in 1980. 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 all affected aircraft will have been inspected, and if necessary modified, long ago. Hence, this 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, establishes the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to create regulations that safeguard air navigation, aligning with the overarching objective of enhancing aviation safety. Specifically, under the Act, the Civil Aviation Safety Regulations 1998 were introduced to mandate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, as required under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue ADs in the interests of public safety, ensuring that the State of Registry meets its obligations under international agreements. The cancellation of AD/BEECH 36/28, which was issued in 1980, demonstrates CASA's ongoing commitment to regulatory efficiency and burden reduction, as no further action is necessary for the affected aircraft.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, serve to mandate the necessary requirements for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide essential information to the State of Registry, which in Australia is CASA. CASA, therefore, is tasked with assessing the information provided by the State of Design and, if deemed necessary, issuing an Australian AD to enforce the required safety measures. The cancellation of an AD, such as AD/BEECH 36/28 affecting BEECH 36 model aircraft, is executed by CASA following a review process, and no public consultation is required if it results in a reduction of the regulatory burden. This process ensures that regulatory measures remain relevant and proportionate, maintaining a balance between safety and operational efficiency.
Key Provisions
The Civil Aviation Act 1988, as referenced in section 98, empowers the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. This means that ADs hold the same legal standing as formal laws and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations under these regulations primarily focus on ensuring the safety and continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for an aircraft type's continuing airworthiness and must supply necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In the specific case of AD/BEECH 36/28, which was issued by CASA in 1980 for BEECH 36 model aircraft, CASA has decided to cancel the directive, effective from 5 June 2008. This decision follows a review indicating that all affected aircraft have already been inspected and, if necessary, modified, rendering the AD redundant. Given that the cancellation reduces the regulatory burden, no public consultation was required, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The consequences of breaching ADs are significant, as they directly impact the safety and airworthiness of aircraft. Failure to comply with an AD can result in severe civil or criminal penalties. While the specific penalties are not detailed in the provided text, the overarching implication is that non-compliance can lead to significant legal repercussions, including fines and potential criminal charges. The exact penalties would depend on the nature and severity of the breach, but the overarching aim is to ensure strict adherence to airworthiness requirements to maintain the highest safety standards in civil aviation.