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 60/11, 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 was enacted to establish and maintain a framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act provides the legislative basis for the regulation of civil aviation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. These regulations empower CASA to issue directives concerning the airworthiness of aircraft and aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The authority to issue such directives is integral to maintaining the safety of air navigation and ensuring compliance with national and international aviation safety standards. The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to address the need for comprehensive and enforceable regulations governing civil aviation, aiming to safeguard the public and enhance the safety and efficiency of air travel within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 govern the issuance of airworthiness directives (ADs) which are regulatory requirements intended to ensure the continuing airworthiness of aircraft. These directives apply to specific kinds of aircraft or aeronautical products and are issued by the Civil Aviation Safety Authority (CASA), which serves as Australia's national airworthiness authority. The scope of these regulations includes mandating safety measures and compliance with airworthiness standards, ensuring that aircraft meet necessary safety criteria. The ADs are applicable to aircraft registered in Australia and are in line with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and the State of Registry. CASA's role is to assess information from the State of Design and, where necessary, issue corresponding Australian ADs to enforce these safety requirements. This legislative framework ensures that the safety standards are uniformly applied and maintained across the aviation sector within Australia.
Key Provisions
Under the Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Governor-General and the Civil Aviation Safety Authority (CASA) have the authority to issue airworthiness directives (ADs). An AD is a legislative instrument (section 6 of the Legislative Instruments Act 2003) that is used to mandate safety requirements for types of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901. The State of Design, which is the country where the aircraft was designed, has the overarching responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry, which in this case is Australia. CASA, as the national airworthiness authority, must review and, if necessary, issue an Australian AD to ensure compliance with safety requirements.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by the AD include ensuring that the State of Design provides all necessary information to the State of Registry, and that the State of Registry adopts or develops requirements to ensure the continuing airworthiness of the aircraft. CASA, as the national airworthiness authority, must assess the information provided by the State of Design and issue an Australian AD if appropriate. The obligations also include ensuring that aircraft operators comply with the ADs issued by CASA. This involves conducting necessary inspections and modifications to the aircraft to meet the safety requirements stipulated in the AD.
Failure to comply with the ADs may result in various civil or criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, which may result in penalties. The maximum penalties for offences under the Act can include fines of up to $21,000 for individuals and up to $105,000 for bodies corporate, as stipulated in section 36 of the Act. Additionally, CASA may take enforcement actions such as grounding non-compliant aircraft, which can have significant operational impacts on aircraft operators. It is crucial for all parties involved to adhere to the ADs to maintain the safety standards required by the Civil Aviation Safety Regulations 1998.