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 55/26 affecting Beechcraft E55 and 58 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 55/26. The cancellation will become effective on 5 June 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 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and robust system to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, which was further delineated by the Civil Aviation Safety Regulations 1998. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 also establish that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The enactment of this Act and the subsequent regulations aimed to ensure that Australia met its obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft registered within the country.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products to mandate safety measures and ensure the continuing airworthiness of these aircraft. This authority is exercised in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to both the State of Design and the State of Registry. In Australia, CASA, as the national airworthiness authority, assumes the role of the State of Registry and is mandated to assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce the required safety measures. In the case of AD/BEECH 55/26 concerning Beechcraft E55 and 58 model aircraft, CASA has cancelled the directive due to the resolution of the unsafe condition, effective from 5 June 2008. This decision aligns with Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain the key provisions for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain aircraft or aeronautical products (39.001(5)). These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6). The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. In turn, the State of Registry, which is Australia in the context of Australian-registered aircraft, must ensure the continuing airworthiness of individual aircraft by adopting or developing appropriate requirements.
In practical terms, when a State of Design issues an AD against an aircraft type on the Australian Register, CASA must review this information. If deemed appropriate, CASA may issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian-registered aircraft meet international safety standards. The process followed in the case of AD/BEECH 55/26, which affected Beechcraft E55 and 58 models, illustrates this procedure. CASA assessed the AD and subsequently cancelled it because the unsafe condition it addressed no longer existed, effective from 5 June 2008.
Entities governed by these regulations, such as aircraft manufacturers, operators, and CASA, have specific obligations. The State of Design must provide necessary information to ensure continuing airworthiness, while the State of Registry must develop or adopt requirements to ensure that individual aircraft meet safety standards. CASA, as Australia's national airworthiness authority, must assess foreign ADs and issue Australian ADs when necessary. These obligations ensure that all parties involved in the aviation industry adhere to stringent safety protocols.
Failure to comply with the requirements of an AD can result in significant legal consequences. If an aircraft operator does not adhere to the mandates of an AD, CASA may take enforcement action, which could include fines, suspension of the aircraft's certificate of airworthiness, or other administrative penalties. Additionally, civil or criminal liability may arise for operators who fail to comply with ADs, particularly if such non-compliance leads to accidents or incidents. The maximum penalties for breaches can vary, but they are designed to ensure strict adherence to safety regulations.