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 36/38 affecting Beechcraft 36 series aeroplanes. The United States FAA issued AD 2009-25-01 on 4 December 2009 which supersedes the requirements of AD/BEECH 36/38 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 ensure the safety and efficiency of civil aviation in Australia. This Act provides the legislative framework for the regulation of civil aviation and empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One significant aspect of the Act is its delegation to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by States of Design and issuing Australian ADs when necessary to mandate the requirements of the State of Design. This legislative and regulatory framework ensures that aircraft registered in Australia meet international safety standards and comply with necessary maintenance and operational requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations necessary for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003. The ADs serve to mandate the continuing airworthiness of aircraft and are in line with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must ensure that any AD issued by a State of Design is appropriately assessed and, if necessary, translated into an Australian AD. The AD/BEECH 36/38, affecting Beechcraft 36 series aeroplanes, issued by CASA was cancelled upon the issuance of the United States Federal Aviation Administration (FAA) AD 2009-25-01, which superseded the requirements of the Australian AD. This cancellation, which will become effective on 8 January 2010, was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the Act, with a focus on the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism is crucial for maintaining the safety standards of aircraft in Australia and ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design, which in this case is the United States for the Beechcraft 36 series aeroplanes, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process ensures that any identified safety issues are addressed in a timely and effective manner.
Failure to comply with airworthiness directives can lead to serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines and imprisonment. The maximum penalty for an individual may reach up to $162,000 or imprisonment for up to five years, or both. Additionally, corporate entities may face even steeper fines, reflecting the serious nature of ensuring air safety. These penalties underscore the importance of adhering to ADs and maintaining the highest standards of airworthiness.