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 raised AD/BEECH 55/59 in 1980 to correct an unsafe situation on Beech 55 and 58 series aircraft. The State of Design for these types, the USA, has not yet taken action to correct this unsafe condition. As there are many examples of the type on the Australian register, CASA developed an AD to correct the problem on Australian aircraft. Now, as a result of a request from an Australian operator, CASA has amended AD/BEECH 55/59 to extend compliance times so that the work required by the AD can be aligned with other maintenance.
CASA has not consulted with the Australian industry and public because the change to the AD reduces the burden on Australian operators. The amended AD, AD/BEECH 55/59 Amendment 1, will become effective on 24 November 2005. This AD cancels and replaces the previous issue.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. A significant regulatory instrument under the Act is the Civil Aviation Safety Regulations 1998, which includes provisions for the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate corrective actions to ensure the continuing airworthiness of aircraft, and they are issued by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. The issuing of ADs is a crucial mechanism for maintaining safety standards in line with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry of an aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products registered in Australia. These directives apply to specific types of aircraft or aeronautical products, aiming to maintain their airworthiness in accordance with international standards set out in the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and legislative oversight as per the Legislative Instruments Act 2003. The ADs mandate compliance by aircraft operators and are enforceable under the Act, ensuring that all aircraft within Australia's jurisdiction meet safety standards. This regulatory framework extends to any aircraft registered in Australia, irrespective of the State of Design, emphasising the national responsibility for air safety. The ADs do not require consultation with the industry or the public if the changes are deemed to reduce operational burdens on operators, as seen in the amendment to AD/BEECH 55/59, which was issued to address a specific safety issue identified in Beech 55 and 58 series aircraft.
Key Provisions
The Civil Aviation Safety Regulations 1998 (section 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, as provided in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and they are regulated in accordance with section 6 of the Legislative Instruments Act 2003. ADs are essential tools for ensuring the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of a specific aircraft type, must provide necessary information to the State of Registry, which is then responsible for ensuring the continuing airworthiness of the aircraft on its register. In Australia, CASA, as the national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The obligations under these regulations require CASA to meticulously monitor and respond to airworthiness issues for aircraft types registered in Australia. For example, in 1980, CASA issued AD/BEECH 55/59 to address an unsafe situation on Beech 55 and 58 series aircraft. As the State of Design, the USA, had not yet acted on this issue, CASA took it upon itself to develop an AD to rectify the problem for Australian aircraft. More recently, CASA amended AD/BEECH 55/59 in response to a request from an Australian operator to extend compliance times, thereby reducing the burden on operators and aligning the required work with other maintenance activities. CASA did not consult with the Australian industry and public for this amendment as it deemed the change beneficial in easing operational constraints. The amended directive, AD/BEECH 55/59 Amendment 1, will take effect on 24 November 2005, superseding the previous version.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for breaching an AD. However, non-compliance with ADs is generally considered a breach of the Civil Aviation Act 1988, which can result in serious legal ramifications. The Act empowers CASA to take enforcement actions, which may include fines, suspension or revocation of aircraft certificates, or other regulatory measures to ensure compliance. The severity of penalties depends on the nature and extent of the non-compliance, with potential civil or criminal penalties being applied in cases of significant safety risks or wilful disregard of regulatory requirements.