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 Civil Aviation Safety Authority or its predecessors issued AD/BEECH 55/65 Amendment 2 affecting Beechcraft 58P, 58PA, 58TC and 58TCA model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 55/65 Amendment 2. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies 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 provide for the regulation of civil aviation in Australia, particularly focusing on safety and airworthiness standards. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, thereby ensuring that the aviation industry operates within a framework that prioritises public safety. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, further detail specific measures and requirements for maintaining the airworthiness of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments that serve as a mechanism to ensure that aircraft maintain their airworthiness, aligning with international standards as stipulated by the Convention on International Civil Aviation. The Act and its regulations were introduced to fill the need for a robust regulatory framework that addresses safety concerns in civil aviation, ensuring compliance with both domestic and international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments used to ensure the safety and airworthiness of aircraft. Specifically, 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 mandate the requirements necessary for the continuing airworthiness of the affected aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The ADs apply to the State of Registry of the aircraft in question, which is responsible for ensuring the airworthiness of aircraft registered within its jurisdiction. In the case of AD/BEECH 55/65 Amendment 2, CASA assessed and subsequently cancelled the directive for certain Beechcraft models, as the unsafe conditions it addressed no longer exist. The cancellation of this AD was made in accordance with Australia's obligations under international conventions, and no public consultation was required, as determined by the Office of Best Practice Regulation. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, under the authority of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that align with the Act and promote air navigation safety. 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. Subregulation 39.001(5) further classifies these ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily fall on CASA and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the ADs can lead to various consequences. For example, CASA issued AD/BEECH 55/65 Amendment 2, which affected Beechcraft 58P, 58PA, 58TC, and 58TCA model aircraft. After assessing the AD, CASA cancelled Australian AD/BEECH 55/65 Amendment 2, effective 5 June 2008, because the unsafe condition no longer existed. This cancellation was made without public consultation as per Australia's obligations under the Convention on International Civil Aviation, and the Office of Best Practice Regulation determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of penalties and consequences, the Act and Regulations do not explicitly state the penalties for non-compliance with ADs. However, non-compliance can result in severe consequences, including the grounding of aircraft, potential accidents, and legal ramifications for both the operator and CASA. CASA’s enforcement of ADs is crucial in maintaining the safety standards required by international aviation regulations.