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 55/68 Amendment 1 affecting Beechcraft 95-B55, 95-B55A, E55, E55A, 58 and 58A model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 55/68 Amendment 1. 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 establish a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. This Act empowers the Governor-General to create regulations aimed at safeguarding air navigation, including the issuance of airworthiness directives to maintain the safety standards of aircraft and aeronautical products. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue such directives, which are legislative instruments subject to disallowance. This regulatory approach aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide necessary information for the continuing airworthiness of aircraft types. Consequently, CASA is responsible for evaluating and, if necessary, issuing Australian airworthiness directives to comply with international obligations and ensure the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as amended, provides the framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 have been established, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are intended to mandate actions necessary to maintain the airworthiness of aircraft. As a legislative instrument, an AD is subject to disallowance and must be assessed for its regulatory impact, though in this instance, CASA determined that a Regulatory Impact Statement was not required. The ADs are issued in compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. The cancellation of an AD, such as AD/BEECH 55/68 Amendment 1, is executed under the authority vested in CASA by the Act and is made in accordance with subsection 84A(2), reflecting Australia's commitment to international aviation safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as applied to airworthiness directives, include sections 98 (authorising the Governor-General to make regulations for the purposes of the Act), and 84A (detailing the process by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives for kinds of aircraft or aeronautical products, while subregulation 39.001(5) clarifies that such directives are legislative instruments. These provisions allow CASA to mandate safety requirements for specific aircraft types, ensuring they meet certain standards to maintain their airworthiness.
The obligations imposed on parties by this Act and the associated regulations are significant. CASA is responsible for assessing airworthiness directives issued by the State of Design, and, if necessary, issuing corresponding Australian airworthiness directives to enforce the required safety measures. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, and must develop or adopt appropriate requirements to meet this responsibility. Aircraft owners and operators must comply with any airworthiness directives applicable to their aircraft, ensuring that all mandated safety measures are implemented in a timely manner.
Breaching the obligations set out in the Act or the Regulations can lead to serious consequences. Civil or criminal penalties may apply, depending on the nature and severity of the breach. For example, under section 316 of the Civil Aviation Act 1988, a person who contravenes an airworthiness directive may be subject to a civil penalty of up to $10,000,000 for a corporation or $200,000 for an individual, or both. In more severe cases, criminal penalties may be imposed, with maximum penalties varying depending on the specific offence. These consequences serve to underscore the importance of adhering to the airworthiness directives and maintaining the safety of air navigation.