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 USA FAA has issued AD 2007-08-08 Amendment 39-15025 affecting Beechcraft aircraft. The USA is the State of Design for Beechcraft aircraft types. CASA has assessed this AD and has issued Australian AD/BEECH 56/34, which will become effective on 7 June 2007.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for the regulation of civil aviation, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide further detail and enforcement mechanisms. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which serve as a crucial tool for maintaining the continuing airworthiness of aircraft types registered in Australia. This legislation addresses the need for a coordinated and internationally compliant approach to aircraft safety, ensuring that Australian aircraft meet global standards and obligations as set out in the Convention on International Civil Aviation. The policy objective behind the issuance of ADs is to mandate necessary safety measures to protect the public and uphold the safety standards expected under international agreements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain the safety and airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type is responsible for its continuing airworthiness and must provide necessary information to the State of Registry, which is mandated to ensure the ongoing airworthiness of the aircraft. In the case of Beechcraft aircraft, the United States, as the State of Design, issued AD 2007-08-08 Amendment 39-15025, prompting CASA to assess and subsequently issue Australian AD/BEECH 56/34, effective from 7 June 2007. Given that this directive arises from Australia’s international obligations and directly responds to an AD from the relevant State of Design, there has been no public consultation. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, under the authority of subsection 84A(2) of the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establish the framework for issuing airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in their own right as per section 6 of the Legislative Instruments Act 2003.
In terms of obligations and requirements, the Act and its accompanying regulations impose several responsibilities on CASA and other entities. The State of Design, in this case, the United States Federal Aviation Administration (FAA), has a primary responsibility to ensure the continuing airworthiness of aircraft types. This responsibility includes providing necessary information to States of Registry to maintain airworthiness standards. Conversely, the State of Registry, which in this instance is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, acting on behalf of Australia, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Failure to comply with the ADs can lead to significant legal and safety consequences. While the specific offences and penalties for non-compliance with ADs are not detailed in the provided text, the overarching legal framework suggests that non-compliance could potentially lead to enforcement actions by CASA, which might include fines or other penalties. Given the critical nature of air safety regulations, the consequences for non-compliance are likely to be severe, reflecting the high stakes involved in maintaining the airworthiness of aircraft.