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 US FAA has issued AD 2009-07-02 affecting Hawker Beechcraft model 400 and 400A series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BEECH 400/14, Amendment 1, which will become effective on 4 June 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to provide a legal framework for ensuring the safety of air navigation within the country. This Act allows the Governor-General to make regulations, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, to address safety concerns in civil aviation. An AD is a legislative instrument that mandates specific actions to maintain the airworthiness of aircraft, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. In the case of the Hawker Beechcraft model 400 and 400A series aircraft, the United States, as the State of Design, issued AD 2009-07-02. Subsequently, CASA, as Australia's national airworthiness authority, assessed this directive and issued Australian AD/BEECH 400/14, Amendment 1, which became effective on 4 June 2009. This action ensures that Australian registered aircraft comply with international safety standards, thereby maintaining the safety of air navigation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure continuing airworthiness, and these ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and requires the State of Registry to ensure the airworthiness of individual aircraft. Therefore, when a State of Design issues an AD, CASA must assess and, if necessary, issue an equivalent Australian AD. This process ensures compliance with international standards and obligations, as exemplified by the issuance of Australian AD/BEECH 400/14, Amendment 1, in response to the US Federal Aviation Administration’s AD 2009-07-02 for Hawker Beechcraft model 400 and 400A series aircraft. Given the international nature and the direct response to a State of Design directive, this AD was made without public consultation and does not require a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empower the Governor-General to create regulations for air navigation safety under section 98. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument, thus constituting a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations and requirements on the parties and entities they govern. For instance, under Annex 8 to the Convention on International Civil Aviation, the State of Design—in this case, the USA for the Hawker Beechcraft model 400 and 400A series aircraft—holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, such as Australia. CASA, as Australia's national airworthiness authority, is mandated to assess this information and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements set by the State of Design. This ensures that aircraft registered in Australia meet the necessary safety standards.
Failure to comply with the ADs can lead to significant legal consequences. While specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can result in severe civil or criminal penalties, including fines and imprisonment, depending on the severity and frequency of the breach. The exact penalties would typically be outlined in other sections of the Civil Aviation Act 1988 or related regulations. The importance of adhering to these directives cannot be overstated, as they are critical to maintaining the safety of air navigation.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 play a crucial role in ensuring the safety and airworthiness of aircraft. They mandate that CASA and other national authorities adhere to international standards set by the State of Design, ensuring that all aircraft meet stringent safety requirements. Failure to comply with these directives can result in significant legal repercussions, highlighting the importance of strict adherence to these regulations.