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 55/66, affecting Beech 55 model aircraft in 1984. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 13 March 2008. No replacement AD is required, as the original unsafe condition no longer exists.
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, enacted by the Commonwealth Parliament, governs the regulation of civil aviation in Australia and aims to ensure the safety and efficiency of the aviation industry. To support this objective, the Act empowers the Governor-General to make regulations under section 98, facilitating 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, which are legislative instruments designed to address safety concerns for particular types of aircraft or aeronautical products. The Civil Aviation Act 1988 and its regulations reflect Australia's commitment to international standards set by the International Civil Aviation Organization (ICAO), particularly concerning the continuing airworthiness of aircraft. The authority to issue and cancel such directives is vested in CASA, which operates under the mandate to protect the public by ensuring the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments, essential for ensuring the safety of air navigation and the continuing airworthiness of aircraft. The authority to issue such directives is vested in CASA, which acts on behalf of the Commonwealth in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to States of Registry, who in turn are tasked with implementing the requirements to maintain airworthiness. CASA, as Australia's national airworthiness authority, has the responsibility to assess information from the State of Design and issue Australian ADs as necessary. In the case of AD/BEECH 55/66 affecting Beech 55 model aircraft from 1984, CASA has decided to cancel this directive, effective from 13 March 2008, due to the resolution of the original unsafe condition. This cancellation, which does not require public consultation and a Regulatory Impact Statement, demonstrates CASA's commitment to reducing unnecessary regulatory burdens while maintaining high safety standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that are in the interests of 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. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument under section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to the States of Registry. ADs serve as a common form of continuing airworthiness information, issued by most ICAO Contracting States.
The obligations under these provisions include CASA’s duty to assess information from the State of Design regarding any ADs issued against aircraft types on the Australian Register and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA issued AD/BEECH 55/66 in 1984, which affected Beech 55 model aircraft. After a review, CASA decided to cancel this AD, which will become effective on 13 March 2008. The cancellation is due to the original unsafe condition no longer existing, and no replacement AD is required.
There were no consultations with the Australian public regarding the cancellation of this AD as the cancellation reduces the regulatory burden. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD cancellation signifies a reduction in regulatory requirements without the need for public consultation or a Regulatory Impact Statement, aligning with the streamlined approach taken by CASA in this instance.
Breaches of the provisions related to airworthiness directives could lead to civil or criminal consequences, although specific offences and penalties are not detailed in the provided text. The regulatory framework underscores the importance of compliance with airworthiness directives to ensure the safety and airworthiness of aircraft. The authority vested in CASA to issue and cancel ADs reflects the critical role of regulatory oversight in maintaining aviation safety standards.