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.
The Civil Aviation Safety Authority or its predecessors issued AD/BEECH 60/39 Amendment 2 affecting Beechcraft 60 and B60 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 60/39 Amendment 2. The cancellation will become effective on 5 June 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Systems and New Technologies 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 to ensure the safety of air navigation, empowers the Governor-General to make regulations in the interest of public safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue such directives for specific aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework aligns with the Convention on International Civil Aviation, under which the State of Design holds responsibility for an aircraft type's continuing airworthiness, and the State of Registry is tasked with ensuring the individual aircraft's airworthiness. In this context, CASA has assessed and subsequently cancelled the Australian AD/BEECH 60/39 Amendment 2 for Beechcraft 60 and B60 model aircraft, effective 5 June 2008, as the previously identified unsafe condition no longer exists, thus fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, ensuring the safety of air navigation in Australia. Under these provisions, CASA is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The State of Design and the State of Registry both play pivotal roles in this framework, with the latter responsible for implementing ADs issued by the former on aircraft registered within Australia. This particular legislative instrument, AD/BEECH 60/39 Amendment 2, which was cancelled due to Australia’s international obligations, exemplifies the dynamic nature of airworthiness regulations and their responsiveness to evolving safety concerns.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further elaborates on this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure the safety of the type to the appropriate States of Registry. This responsibility is in accordance with Annex 8 of the Convention on International Civil Aviation. The State of Registry, on the other hand, is responsible for the continuing airworthiness of an individual aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Under these regulations, CASA issued an AD for the Beechcraft 60 and B60 model aircraft, known as AD/BEECH 60/39 Amendment 2. After conducting an assessment, CASA has decided to cancel this AD, effective from 5 June 2008. This cancellation was necessary because the unsafe condition no longer exists, and no replacement AD is required. The decision to cancel the AD aligns with Australia’s obligations under the Convention on International Civil Aviation, and therefore, there was no need for public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Non-compliance with ADs may result in severe civil and criminal consequences. The Civil Aviation Act 1988 stipulates that failure to comply with an AD can result in significant penalties. Under the Civil Aviation Regulations 1988, the maximum penalty for non-compliance with an AD can include fines up to $105,000 for individuals and $525,000 for corporations, along with potential imprisonment terms. The severity of these penalties underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australian airspace.