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 US FAA issued AD 90-08-14, affecting Beech 55 and 95 model aircraft, in 1990. The US is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error which resulted in reference to the wrong FAA AD. The amended AD, AD/BEECH 55/62 Amendment 6, will become effective on 18 December 2008. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, ensuring safety and efficiency in the sector. In line with this objective, the Governor-General has the authority to create regulations for air navigation safety under section 98 of the Act. The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which airworthiness directives (ADs) can be issued, with regulation 39.001 delegating this power to CASA, Australia's national airworthiness authority. These ADs, which are legislative instruments under the Acts Interpretation Act 1901, play a critical role in maintaining the continuing airworthiness of aircraft, especially in response to directives issued by the State of Design as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA ensure compliance with international standards and address specific safety concerns, such as correcting typographical errors in existing directives, thereby upholding Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which permits the Governor-General to create regulations for the safety of air navigation. ADs are legislative instruments that hold significant importance in ensuring the continuing airworthiness of aircraft, as they represent a common form of continuing airworthiness information mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for the continuing airworthiness of the aircraft type and must share necessary information with the States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, must assess and, if appropriate, issue Australian ADs in response to ADs from the State of Design, thereby ensuring compliance with international obligations. The issuance of ADs is an integral part of maintaining aviation safety and is subject to the legislative framework provided by the Civil Aviation Act 1988 and its subordinate regulations.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, provides the basis for the Governor-General to make regulations aimed at ensuring the safety of air navigation. This includes the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as specified in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft types and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft.
The obligations imposed by the Act and its regulations on the parties involved are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry, in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, when necessary, issuing Australian ADs to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards and comply with the regulations set forth by the Civil Aviation Act and the Civil Aviation Safety Regulations.
Breaching the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to serious consequences. Offences under these Acts can result in both civil and criminal penalties. For example, failure to comply with an airworthiness directive can lead to substantial fines and, in some cases, imprisonment. The maximum penalties for such breaches are determined by the specific provisions of the Acts and can vary based on the severity and intent behind the non-compliance. Adhering to these regulations is essential to avoid legal repercussions and to maintain the safety and integrity of the aviation industry.