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 United States FAA has issued AD 2008-13-17 affecting Beechcraft F33, F33A, F33C, G33, V35B, A36, A36TC, B36TC, 95-B55, D55, E55, A56TC, 58, 58P, 58TC, G58 and 77 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian ADs listed in Schedule 1, which will become effective on 25 September 2008.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. 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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
SCHEDULE 1
AD/BEECH 33/47
AD/BEECH 35/73
AD/BEECH 36/52
AD/BEECH 55/97
AD/BEECH 56/35
AD/BEECH 77/16
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is the principal Act governing civil aviation in Australia. It provides the legal framework for the regulation of air navigation and aircraft safety, among other aspects of civil aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). These ADs are crucial for maintaining safety standards and ensuring that aircraft remain airworthy throughout their operational lives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, detail the procedures and requirements for issuing ADs, including the process by which CASA must respond to ADs issued by the State of Design and the subsequent issuance of Australian ADs. The policy objective of these regulations is to uphold the highest safety standards in civil aviation, aligning with Australia's obligations under international conventions and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for such matters. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products to ensure safety in air navigation. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires the State of Registry to ensure the continuing airworthiness of individual aircraft. In this instance, CASA has issued Australian ADs in response to an AD from the United States Federal Aviation Administration concerning certain Beechcraft models, reflecting Australia's commitment to international safety standards and its role in ensuring the airworthiness of aircraft registered within its jurisdiction. These ADs have been issued without public consultation and do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a regulatory tool to ensure the continuing airworthiness of aircraft, with the aim of maintaining safety standards in air navigation (section 98 of the Civil Aviation Act 1988). A key provision here is subregulation 39.001(5), which designates ADs as disallowable instruments under the Acts Interpretation Act 1901, and further classifies them as legislative instruments in accordance with the Legislative Instruments Act 2003.
The obligations imposed by these ADs require CASA to act upon directives issued by the State of Design—the country where the aircraft was originally designed. Specifically, when the United States Federal Aviation Administration (FAA) issues an AD, CASA must evaluate this directive and determine its applicability to aircraft registered in Australia. If deemed necessary, CASA issues its own Australian ADs to enforce the requirements set by the State of Design. This ensures that aircraft registered in Australia conform to international safety standards. Moreover, under Annex 8 to the Convention on International Civil Aviation, the State of Registry, in this case, Australia, must ensure the continuing airworthiness of aircraft through the implementation of these ADs.
Failure to comply with the ADs can lead to significant consequences. While the specific penalties are not detailed in the text, non-compliance generally falls under the purview of the Civil Aviation Act 1988, which includes provisions for enforcement actions, fines, and other civil or criminal penalties. CASA, as the national airworthiness authority, has the power to take enforcement actions against entities that do not adhere to the ADs. These actions could include grounding of non-compliant aircraft, fines, or even prosecution under relevant aviation safety legislation. Therefore, it is imperative for operators to comply with the issued ADs to avoid these potential repercussions.