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 55/35 affecting all Beechcraft 55 type/model aircraft with internally lighted altimeters supplied as spares ex Beech Wichita between 1 September 1972 and 1 August 1973, and all models with serial numbers TH-269 to TH-366, TE-884 to TE-934 and TC-1490 to TC-1592. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 55/35. 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 establish a framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, to maintain the safety standards of air navigation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is mandated to assess and issue these ADs, aligning with international standards under Annex 8 to the Convention on International Civil Aviation. In a specific instance, CASA cancelled Australian AD/BEECH 55/35 concerning Beechcraft 55 type/model aircraft, effective from 5 June 2008, due to the resolution of the previously identified unsafe condition, thus fulfilling Australia’s international obligations. The cancellation was conducted under the authority of the Act and did not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish the framework through which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower CASA to mandate compliance with airworthiness standards for specific types of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and legislative scrutiny under the Legislative Instruments Act 2003. The application of ADs is governed by the State of Design's responsibility for continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation, and the State of Registry's duty to enforce these standards within its jurisdiction. This legislative mechanism ensures that aircraft registered in Australia meet the required safety standards, with CASA playing a crucial role in assessing and enforcing these directives. The scope of these regulations extends nationally, impacting all aircraft types within Australia, with specific directives applying to identified models and serial numbers of aircraft, such as the Beechcraft 55 type/model aircraft with particular altimeter specifications.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (s. 39.001). These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901 (s. 39.001(5)). According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type, and this is typically communicated through ADs issued to the States of Registry. When a State of Design issues an AD for an aircraft type registered in Australia, CASA, as Australia’s national airworthiness authority, is required to assess this information and issue an Australian AD if necessary.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess ADs issued by States of Design and to issue corresponding Australian ADs if deemed necessary for ensuring the continuing airworthiness of aircraft registered in Australia. This includes ensuring that all necessary information and requirements are communicated and implemented to maintain the safety standards of the aircraft. CASA also has a duty to review and cancel ADs when the unsafe conditions they were addressing no longer exist, as in the case of AD/BEECH 55/35 which has been cancelled due to Australia’s obligations under international aviation conventions.
Breaching the obligations set forth in the Civil Aviation Safety Regulations 1998, particularly in the context of failing to issue or comply with ADs when required, can lead to serious consequences. Although the Civil Aviation Safety Regulations 1998 do not specify explicit offences or penalties for non-compliance with ADs, failure to adhere to these safety directives can result in significant civil or criminal liabilities under the Civil Aviation Act 1988. Such non-compliance can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other regulatory measures. The severity of the penalties would depend on the specific breach and the extent of the safety risk posed.