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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/BEECH 55/75 affecting Beechcraft 55 series aeroplanes. The United States FAA issued AD 2009-25-01 on 4 December 2009 which supersedes the requirements of AD/BEECH 55/75 and as such this AD has been cancelled. The United States is the state of design for these aeroplanes. The cancellation will become effective on 8 January 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legislative framework for civil aviation safety in Australia, addressing issues related to the safety of air navigation and continuing airworthiness of aircraft. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are integral to ensuring that aircraft maintain their airworthiness standards, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a critical mechanism for communicating necessary safety measures and ensuring compliance among aircraft operators, thereby enhancing overall aviation safety within Australia. The objective of these regulations is to safeguard the public and maintain the integrity of air navigation systems by mandating specific safety requirements.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. These ADs apply to all aircraft and aeronautical products registered in Australia, as well as to the entities responsible for their maintenance and operation, including aircraft owners, operators, and maintenance service providers. The geographic reach of these regulations is national, with the Civil Aviation Safety Authority (CASA) acting as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess and, if appropriate, issue a corresponding Australian AD. The regulations also mandate that CASA must ensure compliance with the continuing airworthiness requirements set forth by the State of Design. Notably, ADs issued by CASA are legislative instruments and are subject to disallowance as per the Legislative Instruments Act 2003. The ADs are aligned with the standards set by Annex 8 to the Convention on International Civil Aviation, ensuring consistency with international practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations for air navigation safety, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is thus considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation places the State of Design with the overall responsibility for ensuring the continuing airworthiness of an aircraft type, which includes providing necessary information to the States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of the aircraft through the development or adoption of requirements.
The obligations under this legislation for CASA and other parties include assessing any ADs issued by the State of Design to ensure compliance with Australian airworthiness standards. If an AD from the State of Design is deemed necessary, CASA must issue a corresponding Australian AD to mandate the requirements for aircraft registered in Australia. In this case, CASA has issued AD/BEECH 55/75 for Beechcraft 55 series aeroplanes, but this AD will be superseded and subsequently cancelled by the United States Federal Aviation Administration's AD 2009-25-01 on 8 January 2010.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for the breach of ADs under the Civil Aviation Safety Regulations 1998. However, failure to comply with an AD can result in serious safety implications, potentially leading to aircraft being grounded or banned from operation until the necessary actions are taken to address the identified issues. CASA, as the national airworthiness authority, has the power to enforce compliance with ADs, and non-compliance could lead to enforcement actions, fines, or other penalties as prescribed by the Civil Aviation Act 1988 and associated regulations. The text does not provide details on the specific penalties or enforcement mechanisms in place for non-compliance with ADs.