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 Civil Aviation Safety Authority or its predecessors issued AD/BEECH 36/9, Amendment 1, affecting Beechcraft models 36 and A36 aircraft with serial Nos E-1 to E-240 fitted with propeller governors not incorporating Woodward Service Bulletin No. 33535. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 36 /9, Amendment 1. The cancellation will become effective on 8 May 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, 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 Acting Manager, Systems and New Technologies 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 regulate civil aviation in Australia and to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, including airworthiness directives, to maintain safety standards. Complementing this, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft and aeronautical products. The issuance of such directives is a legislative instrument, as per the Legislative Instruments Act 2003. This legislative framework ensures that Australia meets its obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design retains responsibility for the continuing airworthiness of aircraft types, and the State of Registry must implement the necessary requirements to ensure safety. CASA's role is to assess and, if necessary, issue Australian airworthiness directives to enforce the safety measures identified by the State of Design.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives are legislative instruments that apply to specific kinds of aircraft or aeronautical products, aiming to ensure the safety of air navigation in Australia. The ADs are designed to maintain the continuing airworthiness of aircraft, a responsibility that falls under the State of Registry for individual aircraft and the State of Design for aircraft types. In the Australian context, CASA acts as the national airworthiness authority, assessing information from the State of Design and issuing Australian ADs to mandate necessary requirements. ADs are a common form of continuing airworthiness information internationally, with most ICAO Contracting States, including Australia, issuing them. ADs can be issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The issuance and cancellation of ADs, such as AD/BEECH 36/9, Amendment 1 for certain Beechcraft models, are governed by these regulations and may be subject to international obligations under the Convention on International Civil Aviation. The process of cancelling such ADs, as in the case of the Beechcraft models, does not require public consultation or a Regulatory Impact Statement, and is conducted by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is subject to disallowance by either House of Parliament. Additionally, under section 6 of the Legislative Instruments Act 2003, an AD is considered a legislative instrument.
The obligations imposed by the Act and the Regulations on the parties and entities they govern are significant. The State of Design, which is responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the State of Registry. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as the national airworthiness authority, is obligated to assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with the necessary safety standards.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in serious consequences. Any person or entity that does not adhere to the ADs issued by CASA can face both civil and criminal penalties. The specific penalties for non-compliance can vary but may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties are outlined in the relevant sections of the Act and Regulations and can be significant, reflecting the importance of maintaining air safety and the potential consequences of non-compliance.