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 36/29, affecting Beech 36 model aircraft in 1984. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the original unsafe condition no longer exists.
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 was enacted to establish a legislative framework for civil aviation safety in Australia, with the objective of ensuring the highest possible level of safety in the operation of aircraft and the protection of life and property. In line with this objective, the Act grants the Governor-General the authority to make regulations aimed at ensuring the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types and aeronautical products. The process for issuing ADs is aligned with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in ensuring airworthiness. In light of this, CASA has the responsibility to issue ADs in response to those issued by the State of Design, thereby ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. Such ADs are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry is primarily responsible for the continuing airworthiness of individual aircraft, while the State of Design must provide necessary information to support this responsibility. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if deemed necessary, issuing corresponding Australian ADs. The AD/BEECH 36/29, originally issued in 1984 and affecting Beech 36 model aircraft, has been cancelled by CASA as the original unsafe condition no longer exists, effective from 13 March 2008. This cancellation is not subject to public consultation or a Regulatory Impact Statement, as it results in a reduction of the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as regulatory instruments to ensure the safety of air navigation as per section 98 of the Civil Aviation Act 1988. As specified in subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is regarded as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to evaluate any airworthiness directives issued by the State of Design and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. The State of Registry of an individual aircraft is also mandated to ensure the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. This involves the development or adoption of requirements to maintain airworthiness and to assess and implement directives issued by the State of Design.
Failure to comply with an AD can lead to serious safety concerns and potential legal repercussions. Although the cancellation of AD/BEECH 36/29, affecting Beech 36 model aircraft in 1984, does not require public consultation or a Regulatory Impact Statement as it reduces regulatory burden, any non-compliance with ADs can result in civil or criminal penalties. The specific consequences of non-compliance are determined by the nature and severity of the breach, with potential penalties including fines and imprisonment as stipulated by the Civil Aviation Act 1988 and related regulations. The maximum penalties can vary depending on the specific offence and are subject to judicial discretion.