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 60/13, 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 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 regulate the safety and efficiency of civil aviation within Australia. The Act empowers the Governor-General to create regulations for air navigation safety, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provide the legal framework for CASA to mandate ADs for specific aircraft types or aeronautical products to ensure continuing airworthiness. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry. CASA, acting as Australia’s national airworthiness authority, is required to review this information and issue corresponding ADs when necessary. The Act aims to align with international standards and to protect public safety by maintaining the airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products, and these directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is a key mechanism in maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In the context of Australia, CASA must assess information provided by the State of Design and, if necessary, issue Australian ADs to enforce the requirements. An example of this process was seen with AD/BEECH 60/13, which was issued for Beech 60 model aircraft manufactured in 1971. However, following a review, CASA decided to cancel this directive, effective from 17 January 2008, without the need for a replacement AD as the safety concerns have been addressed by another directive. This cancellation was made under the authority of the Act by the Manager, Airframes in the Airworthiness Engineering Branch, and no public consultation was deemed necessary as it reduced regulatory burden.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. The Governor-General, through CASA, has the authority to issue ADs for specific aircraft types or aeronautical products to ensure the safety of air navigation. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, the State of Design, which is the country where the aircraft was designed, bears the primary responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the airworthiness of the aircraft type to the States of Registry, which are the countries where the aircraft are registered. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of the aircraft registered within its jurisdiction. In the case of Australia, CASA is the national airworthiness authority and must assess ADs issued by the State of Design, and if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures.
CASA issued AD/BEECH 60/13 in 1971, affecting Beech 60 model aircraft. Following a review, CASA decided to cancel this AD, which will become effective on 17 January 2008. This cancellation is due to the original unsafe condition being addressed by AD/GENERAL/74 Amendment 1, making a replacement AD unnecessary. Given that the cancellation reduces the regulatory burden, no consultation with the Australian public was required, and the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities governed by the Act. Firstly, the State of Design must provide comprehensive information to ensure the continuing airworthiness of aircraft types, which is critical for the States of Registry to develop or adopt appropriate airworthiness requirements. CASA, as the national airworthiness authority, must then assess this information and issue corresponding Australian ADs if necessary. Additionally, entities such as aircraft operators and maintenance providers must comply with the ADs, ensuring that any required modifications or inspections are carried out to maintain the airworthiness of their aircraft. Failure to adhere to the ADs can result in serious safety issues and potential legal consequences.
Breaches of the ADs and the regulations governing them can lead to various consequences. Civil penalties may include fines, with the maximum penalty varying depending on the specific breach and jurisdiction. Criminal penalties can also be imposed, particularly if the breach results in significant harm or loss of life. In some cases, CASA can suspend or revoke an aircraft's certificate of airworthiness, which can prevent the aircraft from operating until the required compliance measures are taken. Additionally, operators found in breach of ADs may face legal action, resulting in both financial and reputational consequences. Therefore, compliance with ADs is not only a regulatory requirement but also a critical aspect of maintaining aviation safety.