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 55/57 affecting Beechcraft 55, 58 and 95-55 series aeroplanes. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 19 November 2009. No replacement AD is required.
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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the overarching legal framework for civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed operational standards and procedures. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft as per international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, is responsible for assessing and, where necessary, issuing ADs to ensure compliance with both domestic and international safety standards. The legislative intent behind the AD issuance and cancellation process is to maintain the highest safety standards in Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs) which are critical in ensuring the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations that support the Act, specifically aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and potentially adopted by the State of Registry, which in Australia is CASA. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are in line with international standards set out in Annex 8 to the Convention on International Civil Aviation. The geographic reach of these regulations is national, applying to all aircraft registered in Australia, and they extend to ensuring compliance with international standards. There are no stated exclusions or exemptions within the scope of these regulations, as they apply broadly to all relevant aircraft and aeronautical products within Australia’s jurisdiction. The Act also allows for the cancellation of ADs, as evidenced by the recent cancellation of AD/BEECH 55/57 affecting certain Beechcraft aeroplanes, which will be effective from 19 November 2009, without the need for a replacement AD or public consultation, given the reduction in regulatory burden.
Key Provisions
Under the Civil Aviation Act 1988, specifically section 98, the Governor-General has the authority to establish regulations that promote the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legally binding legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. As per Annex 8 of the Convention on International Civil Aviation, the State of Design is accountable for the continuing airworthiness of an aircraft type, and must furnish any necessary information to the States of Registry to ensure this airworthiness. The State of Registry, on the other hand, is responsible for the ongoing airworthiness of individual aircraft, and must implement requirements to maintain this airworthiness as per Annex 8.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities include the requirement for the State of Design to provide crucial information to ensure the airworthiness of aircraft types, while the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, acting on behalf of Australia as the national airworthiness authority, must review and assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce the State of Design's requirements. In the specific case of AD/BEECH 55/57, CASA has reviewed and decided to cancel the directive affecting Beechcraft 55, 58, and 95-55 series aeroplanes, effective from 19 November 2009, without the need for a replacement AD. This decision was made without consulting the Australian public, as the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach in this context. However, the issuance of ADs and their enforcement is critical to maintaining airworthiness and safety in the aviation sector. Failure to comply with an AD may result in regulatory action against the aircraft operator, including grounding of the aircraft or legal proceedings. The severity of the consequences depends on the specific circumstances of the non-compliance and the discretion of CASA in enforcing the regulations.