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 65/36 Amendment 1 affecting Beechcraft 65 and 70 model aircraft. CASA has assessed this AD and as a result has cancelled Australian AD/BEECH 65/36 Amendment 1. The cancellation will become effective on 3 July 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 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in the industry. This legislation provides the framework within which the Civil Aviation Safety Regulations 1998 were later developed, addressing specific operational and safety requirements. One such requirement is the issuance of airworthiness directives (ADs) to ensure that aircraft and aeronautical products maintain their airworthiness. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives, which are crucial for maintaining safety standards in line with international conventions such as the Convention on International Civil Aviation. The ADs serve as a mechanism to communicate essential safety information from the State of Design to the State of Registry, which in Australia’s case, is managed by CASA. The process of issuing and cancelling ADs, such as the recent cancellation of AD/BEECH 65/36 Amendment 1 affecting Beechcraft 65 and 70 model aircraft, is conducted under the authority granted by section 98 of the Civil Aviation Act 1988, ensuring that Australia meets its international obligations while safeguarding domestic aviation safety.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998 under the Civil Aviation Act 1988 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. These regulations apply to aircraft and aeronautical products, and are designed to mandate specific actions or conditions to ensure the continuing airworthiness of these items. This applies to all aircraft registered in Australia, regardless of the aircraft's State of Registry or the manufacturer's country of origin. The Civil Aviation Safety Authority (CASA) has the authority to issue ADs as Australia's national airworthiness authority. ADs are considered legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The process of issuing and cancelling ADs aligns with international standards set by the International Civil Aviation Organization (ICAO), ensuring consistency and compliance with global safety regulations. In specific instances, such as the cancellation of AD/BEECH 65/36 Amendment 1 for Beechcraft 65 and 70 model aircraft, CASA has determined that the unsafe condition no longer exists, thus rendering the AD unnecessary. This cancellation reflects Australia's adherence to international obligations under the Convention on International Civil Aviation, and no public consultation or Regulatory Impact Statement was required.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This is further elaborated in subregulation 39.001(5) which states that an AD is a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on the parties involved primarily centre on the maintenance of aircraft airworthiness. The State of Design, which is the State where the aircraft type was designed, has the responsibility to provide information necessary for the continuing airworthiness of the aircraft type to the States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the State where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In relation to the specific AD/BEECH 65/36 Amendment 1, CASA has assessed the AD and decided to cancel it. This decision was made because the unsafe condition that prompted the AD no longer exists. The cancellation of this AD, which affects Beechcraft 65 and 70 model aircraft, will take effect on 3 July 2008. It is important to note that, due to Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public was necessary regarding this cancellation. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
In terms of consequences for non-compliance, the Act and Regulations do not explicitly outline specific offences or penalties for breaching ADs. However, the issuance of an AD is a legislative instrument and non-compliance with legislative instruments can lead to various civil and criminal consequences, including fines and imprisonment, depending on the nature and severity of the breach. The exact penalties would be determined in the context of any specific legal proceedings related to non-compliance with an AD.