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 65/28 Amdt 1, affecting Beech 65 model aircraft in 1971. CASA has reviewed this AD and as a result has decided to cancel it. The cancellation will become effective on 17 January 2008. No replacement AD is required, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1.
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 and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 aims to harmonise Australia's civil aviation safety regulations with international standards set by the International Civil Aviation Organization (ICAO). Under the Act, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, which includes issuing ADs when necessary to address safety concerns.
CASA has issued an airworthiness directive for Beech 65 model aircraft, AD/BEECH 65/28 Amdt 1, which is set to be cancelled on 17 January 2008. This cancellation is due to the resolution of the original safety issue by a subsequent AD, AD/GENERAL/74 Amendment 1, and does not require consultation with the public as it reduces the regulatory burden. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated to ensure the safety of air navigation. The ADs are legislative instruments, as outlined under the Acts Interpretation Act 1901, and are developed to meet the continuing airworthiness requirements stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, ensures the compliance of individual aircraft within Australia. The cancellation of an AD, such as AD/BEECH 65/28 Amdt 1, is implemented without public consultation due to its nature of reducing regulatory burden, and these actions are conducted in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the overarching legal framework for civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 detailing specific requirements and procedures. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to States of Registry, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess information from the State of Design and issue an Australian AD if necessary to mandate the required safety measures. In the specific instance of AD/BEECH 65/28 Amdt 1, CASA has reviewed and decided to cancel the AD, effective from 17 January 2008, as the original unsafe condition is now addressed by AD/GENERAL/74 Amendment 1. No replacement AD is required, and no consultation with the public has taken place because the cancellation reduces the regulatory burden.
Breach of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal penalties. Although specific penalties are not detailed in the provided text, it is clear that failure to comply with airworthiness directives or to meet the continuing airworthiness obligations can lead to significant legal consequences. CASA's authority to issue ADs and the enforceability of these directives underscore the importance of compliance with aviation safety regulations.