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 60/37, affecting Beech 60 model aircraft in 1981. 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 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 Commonwealth Parliament, is designed to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to establish regulations, such as the Civil Aviation Safety Regulations 1998, which provide the framework for the issuance of airworthiness directives. These directives are critical in maintaining the safety and airworthiness of aircraft, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. CASA’s role includes issuing directives based on the requirements of the aircraft's State of Design and ensuring compliance by the State of Registry. The Civil Aviation Safety Regulations 1998 mandate that CASA can issue these directives to safeguard the interests of air navigation safety, as outlined in the Act.
In line with the objectives of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA issued an airworthiness directive concerning Beech 60 model aircraft in 1981. After reviewing the directive, CASA decided to cancel AD/BEECH 60/37, effective from 5 June 2008, as the affected aircraft would have already undergone necessary modifications. The cancellation of this directive, which reduces the regulatory burden, did not necessitate public consultation as determined by the Office of Best Practice Regulation. This action was taken by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with the legislative framework provided by the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs serve as legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered within Australia, aligning with the responsibilities of the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing and, where necessary, issuing ADs based on directives from the State of Design. In the case of AD/BEECH 60/37, which affected Beech 60 model aircraft manufactured in 1981, CASA has determined that the directive can be cancelled due to the aircraft being modified long ago. This cancellation, which will take effect on 5 June 2008, has been made without public consultation as it reduces the regulatory burden, and no replacement AD is necessary. The AD cancellation was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework designed to ensure the safety of air navigation (s 98). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, which are then considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs play a critical role in maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry in accordance with Annex 8 to the Convention on International Civil Aviation.
For the entities governed by these provisions, the primary obligations involve adhering to the airworthiness directives issued by CASA. The State of Design is tasked with providing necessary information to ensure the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, is responsible for assessing and enforcing these directives. The State of Registry must ensure that all aircraft meet the continuing airworthiness requirements, which include implementing modifications or adhering to maintenance schedules as specified in the ADs. Compliance with these directives is mandatory, and failure to do so can result in serious safety and legal repercussions.
Failure to comply with the airworthiness directives can lead to both civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can result in significant penalties. For example, if an operator fails to implement the requirements of an AD, CASA may take enforcement actions, including fines and the potential grounding of the aircraft. The maximum penalties for such breaches can vary, but they are intended to ensure strict adherence to safety regulations. Additionally, individuals responsible for non-compliance may face personal liability, including criminal charges, which could result in imprisonment depending on the severity of the breach.