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 60/10, affecting Beech 60 model aircraft in 1971. 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, enacted by the Australian Parliament, aims to regulate civil aviation in Australia with a focus on ensuring safety. This Act empowers the Governor-General to make regulations under section 98 to promote the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, provide the framework for airworthiness directives, which are tools used to mandate safety measures for aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue these directives. This legislative structure ensures that Australia adheres to international standards set by the Convention on International Civil Aviation, specifically through Annex 8, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. In line with these international obligations, CASA assesses and issues Australian airworthiness directives when necessary, as was the case with the now-cancelled AD/BEECH 60/10 for Beech 60 model aircraft, reflecting a commitment to maintaining the highest safety standards.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are necessary for ensuring the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. In line with the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry, which in Australia is CASA, ensures the ongoing airworthiness of individual aircraft. The ADs are instrumental in maintaining this airworthiness by providing essential information and mandates to the respective States of Registry. The issuance of ADs such as AD/BEECH 60/10, which was subsequently cancelled, is a legislative process overseen by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and their issuance follows regulatory protocols without the need for public consultation or a Regulatory Impact Statement, provided they do not impose a significant regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together form a legislative framework governing the safety and airworthiness of aircraft in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This regulatory power is crucial for maintaining the safety standards of aircraft operating within Australia. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant for both CASA and the operators of affected aircraft. CASA, as Australia’s national airworthiness authority, is mandated to assess any ADs issued by the State of Design of an aircraft type and, if deemed necessary, issue corresponding ADs for aircraft registered in Australia. The State of Registry, which in this context is Australia, must ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes complying with the ADs issued by CASA and taking appropriate action to maintain or restore the airworthiness of the aircraft. Operators of affected aircraft are required to comply with the directives by conducting necessary inspections, modifications, or other actions specified in the ADs.
Failure to comply with the ADs can lead to serious consequences. Under section 84A of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The Act does not specify a particular penalty for breaching an AD, but such breaches can result in substantial fines or imprisonment under the general provisions of the Act for non-compliance with regulations. Additionally, the continued operation of an aircraft that does not comply with an AD may lead to its grounding by CASA, which can have significant operational and financial repercussions for the aircraft operator. The precise penalties would be determined by the courts based on the nature and severity of the breach.