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 60/8, affecting Beech 60 model aircraft in 1970. 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, as 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 the continuing airworthiness of aircraft within Australia. This legislation empowers the Governor-General to make regulations under section 98, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This regulatory framework is intended to align with international standards set by the International Civil Aviation Organization (ICAO) and to maintain the safety and airworthiness of aircraft registered in Australia. CASA, as the national airworthiness authority, is responsible for assessing international ADs and issuing corresponding Australian ADs when necessary, ensuring that all aircraft meet the required safety standards. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this legislative framework is to ensure that aircraft operating in Australia meet stringent safety and airworthiness standards, thereby protecting the public and maintaining the integrity of the aviation industry.
Scope and Application
The Civil Aviation Act 1988, specifically through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, applies to entities involved in the design and registry of aircraft, as well as the operators of aircraft that are subject to such directives. This legislation mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in turn must ensure the continuing airworthiness of the aircraft. The Civil Aviation Safety Authority (CASA) acts as Australia's national airworthiness authority, and it issues ADs to mandate the requirements of the State of Design for aircraft on the Australian Register. This legislative instrument extends its reach nationally, impacting all aircraft registered in Australia and subject to ADs. Notably, the ADs are considered disallowable instruments under the Acts Interpretation Act 1901, making them legislative instruments as per the Legislative Instruments Act 2003. No specific exclusions or thresholds are detailed in the provided text, though the cancellation of AD/BEECH 60/8 indicates that some ADs may be rescinded if they no longer serve a necessary regulatory purpose.
Key Provisions
Under the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 allow for the issuance of airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (sections 39.001 and 39.001(5)). These ADs are legislative instruments, meaning they are subject to disallowance and must be reviewed under the Legislative Instruments Act 2003. ADs play a crucial role in ensuring the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for providing necessary information to ensure an aircraft type's continuing airworthiness, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft within its jurisdiction. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess and, if necessary, issue Australian ADs when required by the State of Design.
The Civil Aviation Safety Regulations 1998 mandate specific obligations on CASA and aircraft operators. CASA is required to assess and, if appropriate, issue Australian ADs when a State of Design issues a directive for an aircraft type on the Australian Register (regulation 39.001). Aircraft operators, on the other hand, must comply with the ADs applicable to their aircraft. This includes adhering to the specified maintenance, inspection, and modification requirements to ensure the aircraft's continued airworthiness. Failure to comply with ADs can result in the aircraft being deemed unairworthy, leading to potential grounding and other enforcement actions.
Breach of the requirements set out in ADs can result in various consequences. For aircraft operators, non-compliance with ADs can lead to enforcement actions by CASA, including fines, suspension of airworthiness certificates, and even the grounding of affected aircraft. These actions are taken to ensure that aircraft remain safe and airworthy. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify maximum penalties for breaches of ADs, but penalties for non-compliance with other regulatory requirements can include fines of up to $11,100 for individuals and $55,500 for corporations, depending on the severity of the breach. Furthermore, repeated or serious non-compliance may lead to more severe consequences, such as the revocation of an aircraft operator’s certificate, which can significantly impact their ability to conduct operations.