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 60/2, affecting Beech 60 model aircraft in 1969. 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 ensure the safety of air navigation and to establish a regulatory framework for civil aviation in Australia. It empowers the Governor-General to create regulations that uphold these safety standards. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently introduced to provide detailed operational requirements. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 aims to harmonise Australian regulations with international standards and to ensure the ongoing safety and efficiency of civil aviation in the country.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia, with specific provisions for the issuance of airworthiness directives (ADs). According to the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must comply with the Legislative Instruments Act 2003. The State of Design of an aircraft holds primary responsibility for ensuring the continuing airworthiness of the aircraft type, while the State of Registry, which in Australia is CASA, is responsible for the continuing airworthiness of individual aircraft on the Australian Register. The ADs issued by CASA are intended to mandate the requirements of the State of Design for aircraft registered in Australia. The cancellation of an existing AD, such as AD/BEECH 60/2 for Beech 60 model aircraft, is a process conducted by CASA when it is determined that no further action is required, and the cancellation is made in accordance with the Civil Aviation Act 1988. This process does not require public consultation if it results in a reduction of the regulatory burden and is not subject to a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to make regulations, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design is responsible for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure airworthiness to appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
The obligations imposed by these regulations include the requirement for the State of Design to provide continuing airworthiness information and for CASA to issue ADs as necessary. CASA must also ensure that any AD issued is assessed and, if appropriate, implemented in Australia. The State of Registry, which in this case is Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. Failure to comply with these obligations can lead to significant safety risks and potential legal consequences.
In terms of potential consequences for non-compliance, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for breaching ADs. However, non-compliance with ADs can lead to severe civil and criminal penalties under other aviation legislation. For instance, operating an aircraft that does not comply with an AD could result in fines and potential imprisonment for the aircraft owner or operator, as well as potential charges under the Crimes Act 1914. The specific penalties would depend on the nature and severity of the breach, as well as any resulting harm or damage.