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 55/48, 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, and AD/GENERAL/74 continues to address the unsafe condition that this AD was intended to overcome.
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 of air navigation and to provide a legislative framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Specifically, section 98 of the Act allows for the creation of regulations to this effect. Under these provisions, the Civil Aviation Safety Regulations 1998 were enacted, which among other things, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. Furthermore, subregulation 39.001(5) establishes that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, an AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In line with international standards set by Annex 8 to the Convention on International Civil Aviation, the State of Design is tasked with the responsibility of ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, is obligated to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The Civil Aviation Safety Regulations 1998 facilitate this process, ensuring that all aircraft registered in Australia comply with safety standards.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) in Australia. These regulations apply to aircraft registered in Australia, imposing safety requirements to ensure the continuing airworthiness of these aircraft. The ADs are legislative instruments and serve as a crucial means for CASA to mandate safety measures for specific types or models of aircraft. CASA's role as the national airworthiness authority involves assessing directives issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these safety requirements. In the case of AD/BEECH 55/48, affecting Beech 55 model aircraft, CASA has decided to cancel this directive effective from 5 June 2008, as it is no longer necessary due to prior inspections and modifications. This decision was made by the Manager, Airframes in the Airworthiness Engineering Branch, under the authority granted by the Act, and it does not require consultation with the public as it reduces regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft. The State of Design has the primary responsibility for ensuring the airworthiness of an aircraft type and must provide necessary information to States of Registry, including Australia. As the national airworthiness authority, CASA assesses the information provided by the State of Design and may issue Australian ADs to enforce these requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include ensuring the continuing airworthiness of aircraft. CASA must review and, if necessary, issue Australian ADs when a State of Design issues an AD for aircraft on the Australian Register. This process ensures that all necessary measures are taken to maintain the safety standards of aircraft operating within Australia. The State of Registry is also obligated to develop or adopt requirements to ensure the airworthiness of aircraft within its jurisdiction, working in conjunction with CASA and other relevant authorities.
Failure to comply with airworthiness directives can lead to serious consequences. Although specific offences, penalties, or civil/criminal consequences are not detailed in this text, non-compliance with ADs can result in significant safety risks and potential legal actions. CASA has the authority to enforce compliance through various means, including audits, inspections, and potential sanctions for non-compliance. The cancellation of AD/BEECH 55/48, as noted, does not require public consultation due to its reduction of regulatory burden, and has been determined not to require a Regulatory Impact Statement by the Office of Best Practice Regulation.