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 55/47, affecting Beech 55 model aircraft in 1976. 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, all affected aircraft would 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 ensure the safety and efficiency of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations that are necessary for the safety of air navigation. This includes the issuance of airworthiness directives (ADs), which are formal safety instructions issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process and authority for CASA to issue these directives, which are legislative instruments under the Acts Interpretation Act 1901. The policy objective is to ensure compliance with international standards and to maintain high safety levels in civil aviation, in line with the Convention on International Civil Aviation. CASA has the responsibility to review and, if necessary, cancel ADs when they are no longer needed, as seen in the case of AD/BEECH 55/47 which has been cancelled due to the aircraft having already been inspected and modified as required.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. This authority is exercised in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The State of Registry of an aircraft holds the responsibility for its continuing airworthiness, and CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when required by the State of Design. For instance, CASA issued and subsequently cancelled AD/BEECH 55/47 for the Beech 55 model aircraft in 1976, with the cancellation becoming effective on 5 June 2008. No public consultation was necessary as the cancellation reduces regulatory burden, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (sections 98, 39.001). An AD is a legislative instrument, which means it has the force of law and can be disallowed under certain circumstances (section 46A of the Acts Interpretation Act 1901, section 6 of the Legislative Instruments Act 2003). These provisions are designed to ensure the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO) (Annex 8 to the Convention on International Civil Aviation).
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA to issue ADs when necessary to maintain airworthiness. The State of Design, which is the country where the aircraft type was designed, is responsible for providing any information required to ensure continuing airworthiness (Annex 8). The State of Registry, where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements on aircraft registered in Australia (Annex 8, subsection 84A(2)).
The Act and Regulations do not explicitly detail the penalties for non-compliance with ADs. However, non-compliance with airworthiness requirements generally can lead to significant civil and criminal consequences, including fines and imprisonment. For example, under section 17 of the Civil Aviation Act 1988, a person who contravenes a civil aviation regulation can be fined up to $222,200 for a corporation and $44,440 for an individual, and imprisonment for up to two years. Additionally, CASA has the authority to cancel an aircraft's certificate of airworthiness, effectively grounding the aircraft until the non-compliance is rectified. This is a severe consequence that underscores the importance of adhering to ADs and other airworthiness requirements.