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 56/8, affecting Beech 56 model aircraft in 1970. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 5 June 2008. No replacement AD is required, all affected aircraft would have been inspected, and, if necessary, modified long ago.
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, Airframes 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 provide a comprehensive framework for the regulation of civil aviation within Australia, focusing primarily on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The authority to issue ADs is rooted in section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The overarching objective of these ADs is to ensure the continuing airworthiness of aircraft, aligning with the responsibilities of States of Design and Registry as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety standards for specific types of aircraft or aeronautical products. These regulations are designed to ensure the ongoing safety of air navigation in Australia and are applicable to aircraft registered within the country. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the framework for CASA to issue these directives, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus qualifying as legislative instruments. The State of Design for an aircraft type holds primary responsibility for its continuing airworthiness, and the State of Registry must implement and enforce requirements to maintain this airworthiness. CASA’s role includes assessing directives from the State of Design and issuing corresponding Australian ADs as necessary. This regulatory approach is aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that information on airworthiness must be shared among relevant states. In the specific instance of AD/BEECH 56/8, which affected Beech 56 model aircraft from 1970, CASA has decided to cancel the directive, effective from 5 June 2008, given that the required inspections and modifications have already been completed. This cancellation, resulting in a reduction of regulatory burden, did not require public consultation or a Regulatory Impact Statement. The decision to cancel the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are considered legislative instruments as per the Legislative Instruments Act 2003 (section 6), which refers to them as disallowable instruments under the Acts Interpretation Act 1901 (section 46A).
The Civil Aviation Safety Regulations 1998, specifically in subregulation 39.001(5), further defines an AD as a formal regulation designed to ensure the continuing airworthiness of aircraft. In line with Annex 8 of the Convention on International Civil Aviation, the State of Design retains overarching responsibility for the airworthiness of an aircraft type and must provide necessary information to ensure continued safety. The State of Registry, which in this context is Australia, must then develop or adopt requirements to ensure the ongoing airworthiness of the aircraft within its jurisdiction. Consequently, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures.
In accordance with these regulations, CASA issued AD/BEECH 56/8 in 1970 concerning the Beech 56 model aircraft. After a thorough review, CASA has decided to cancel this AD, effective from 5 June 2008. This decision was made because the affected aircraft have presumably been inspected and modified, if necessary, long ago, rendering the AD obsolete. Given that this cancellation reduces the regulatory burden, no public consultation was required. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This provision mandates that any AD issued must be consistent with the overarching aim of ensuring aviation safety. Any breach of these regulations can lead to significant civil and criminal consequences. For instance, failure to comply with an AD can result in substantial fines and, in severe cases, imprisonment. The exact penalties may vary depending on the severity of the non-compliance and the specific provisions of the Civil Aviation Act 1988 and other related legislation.