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 55/9, Amendment 2, affecting Beechcraft 95-55, 95-A55 and 95-B55 model aircraft in 1968. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 24 September 2009. 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, Initial Airworthiness, Airworthiness and Engineering Branch, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. These directives are crucial for maintaining the continuing airworthiness of aircraft, as they are aligned with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 thus aims to ensure that all aircraft registered in Australia meet stringent safety standards, thereby safeguarding the public and the aviation industry. The policy objective of this Act is to enhance the overall safety of civil aviation through effective regulation and enforcement of airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, and 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. These ADs serve as legislative instruments that mandate certain requirements to ensure the continuing airworthiness of aircraft. The State of Design, which is the State responsible for the design of the aircraft, has the primary responsibility for the continuing airworthiness of the aircraft type, while the State of Registry, which is the State where the aircraft is registered, must ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing the ADs issued by States of Design and issuing corresponding Australian ADs as necessary. The scope of the Act and Regulations applies to all aircraft registered in Australia, their operators, and relevant personnel, with the aim of maintaining high safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the process for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These directives play a crucial role in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain safety standards. In Australia, CASA, acting as the national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue an Australian AD to enforce the required measures. For instance, CASA issued AD/BEECH 55/9, Amendment 2, for certain Beechcraft models in 1968, which has now been cancelled following a review, effective from 24 September 2009.
Entities governed by the Civil Aviation Act and the Civil Aviation Safety Regulations, including aircraft operators and manufacturers, must comply with ADs issued by CASA. This includes adhering to any mandated inspections, repairs, or modifications to ensure the continuing airworthiness of their aircraft. Failure to comply with an AD can lead to severe consequences, including the potential for the aircraft to be grounded until the required actions are completed.
Breach of the requirements set out in an AD can result in both civil and criminal consequences. Civil penalties may include fines, while criminal penalties can lead to imprisonment. The exact penalties depend on the severity of the breach and the specific circumstances of the case. For example, operating an aircraft in violation of an AD could result in significant fines and potential imprisonment for the operator. These provisions underscore the importance of compliance to maintain the highest safety standards in air navigation.