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 36/8, affecting BEECH 36 model aircraft in 1970. 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.
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 provide a framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are intended to safeguard air navigation. In line with this, the Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specified types of aircraft or aeronautical products. As outlined in regulation 39.001(5), these ADs are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The policy objective behind issuing ADs is to maintain the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and its associated regulations were introduced to address the need for comprehensive and effective regulation of civil aviation within Australia, ensuring safety and compliance with international standards. CASA, as the national airworthiness authority, is tasked with issuing ADs when required, reflecting the State of Design's responsibility for the continuing airworthiness of aircraft types. This legislative framework enables CASA to respond to safety concerns and maintain the high standards of air navigation safety in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework under which airworthiness directives (ADs) are issued in Australia, ensuring the continuing safety and airworthiness of aircraft within the country. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. These directives serve as legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The issuing of ADs is a crucial mechanism for maintaining airworthiness, as per Annex 8 of the Convention on International Civil Aviation, which places the responsibility on the State of Design to ensure the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set forth by the State of Design. The scope of ADs extends to all aircraft registered in Australia, and CASA is obligated to cancel an AD when it is deemed no longer necessary, as was the case with AD/BEECH 36/8, which was cancelled due to all affected aircraft already having been inspected and modified as required. The cancellation of ADs, such as the one for BEECH 36 model aircraft, is conducted without public consultation when it results in a reduction of regulatory burden, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) under section 98 of the Act and regulation 39.001 of the Regulations. An AD, as outlined in subregulation 39.001(5), is a legislative instrument that the Civil Aviation Safety Authority (CASA) can issue to mandate safety requirements for specific kinds of aircraft or aeronautical products. This mechanism is crucial for ensuring the continuing airworthiness of aircraft types and individual aircraft registered in Australia. The State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, issues these directives, and CASA, as Australia’s national airworthiness authority, evaluates and, if necessary, issues Australian ADs to enforce the requirements stipulated by the State of Design.
Under the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is mandated to assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must issue a corresponding Australian AD to enforce the safety requirements. This ensures that the continuing airworthiness of aircraft is maintained in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must also develop or adopt requirements to ensure compliance with these ADs.
Failure to comply with an AD can result in serious consequences. Under section 76 of the Civil Aviation Act 1988, an aircraft operated in contravention of an AD is considered unairworthy, which can lead to enforcement actions against the operator. Such actions may include fines, suspension, or revocation of the aircraft's certificate of airworthiness. Additionally, under section 100 of the Act, an aircraft that is operated in a manner that creates an unsafe situation may be subject to enforcement actions. The maximum penalties for these offences can be substantial, reflecting the critical importance of adhering to ADs to ensure aviation safety. CASA’s authority to enforce these regulations underscores the seriousness with which non-compliance is treated, aiming to maintain the highest safety standards in civil aviation.