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 60/16, affecting Beech 60 model aircraft in 1972. 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, addresses the regulation and safety of civil aviation in Australia. This legislation provides the framework for ensuring the safety of air navigation and the airworthiness of aircraft. Under section 98 of the Act, the Governor-General is empowered to make regulations to maintain safety standards. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments. These ADs are essential for ensuring the continuing airworthiness of aircraft and are issued by states in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, as Australia's national airworthiness authority, is responsible for assessing and issuing ADs as necessary to ensure compliance with international and domestic safety standards. The cancellation of an AD, such as AD/BEECH 60/16 affecting Beech 60 model aircraft, is conducted by CASA when it is determined that the directive is no longer necessary due to advancements in safety and aircraft modifications.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments made under section 98 of the Civil Aviation Act 1988 and are designed to ensure the safety of air navigation. Such directives apply to aircraft registered in Australia, and CASA, as the national airworthiness authority, must evaluate and potentially issue Australian ADs to enforce the requirements of the State of Design. It is noteworthy that the ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regarded as disallowable instruments. The scope of these ADs is both national and international, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. This framework ensures that the continuing airworthiness of aircraft is maintained across borders, with CASA acting on directives issued by the State of Design for aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003, and they are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations under these provisions are significant. The State of Design, which is the country where the aircraft was designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of the aircraft. In the case of Australia, CASA acts as the national airworthiness authority and is responsible for assessing information from the State of Design and issuing corresponding ADs as necessary.
Failing to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The specific penalties for such offences are not detailed in the given text but can include substantial fines and imprisonment. Additionally, any aircraft found to be non-compliant could be grounded, leading to significant operational and financial repercussions for the operator.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a comprehensive regulatory framework for airworthiness, placing significant responsibilities on both the State of Design and the State of Registry. CASA issues airworthiness directives to enforce these standards, and failure to comply can result in severe civil and criminal penalties.